Regina v Arthur Fairwell [2006] NSWDC 53

New South Wales District Court

CITATION: Regina v Arthur Fairwell [2006] NSWDC 53

HEARING DATE(S): 10 May 2006 - 29 May 2006

JUDGMENT DATE: 29 May 2006

JUDGMENT OF: Murrell SC DCJ

DECISION: Accused found fit to plead

CATCHWORDS: Fitness Inquiry

LEGISLATION CITED: S 21A (1) Mental Health (Criminal Procedure) Act 1990

CASES CITED: R v Presser (1958) VR 45

PARTIES: Regina Arthur Fairwell (Accused)

FILE NUMBER(S): 04/11/1068

COUNSEL: Mr M Barr (Crown Prosecutor) Mr G Scragg (Accused)

JUDGMENT

Introduction

1 The accused has a history of treatment for mental illness since 1995, when he was diagnosed as suffering from chronic paranoid schizophrenia. In April 2004, the accused began taking Efexor (venlafaxine), an atypical (new generation serotonin boosting) antidepressant. His dose was increased to 150mg pd and, from 19 May 2004, he was taking 225 (or 300mg?) pd, a high dose. In September 2005, Efexor was replaced by 20mg pd of Avanza, another atypical antidepressant. The accused also takes 20mg pd Zyprexa (olanzapine), a high average dose of this atypical (new generation) antipsychotic medication.

2 On 19 May 2004, the accused allegedly administered stupefying drugs to a woman whom he had met on a telephone chatline and her 13-year-old daughter, and engaged in sexual activity with the 13-year-old girl. On 25 May 2004, police searched the accused's home, arrested and charged him. In May 2005, a jury found him fit to plead to the charges.

3 When the trial was listed to commence on 10 May 2006, Dr Lucire, a psychiatrist, reported that the accused's ability to follow the evidence in a trial and provide ongoing instructions to counsel were seriously impaired because the accused suffers from drug - induced akathisia and related mental difficulties. I directed a further inquiry into the accused's fitness to plead. The accused elected to have the inquiry proceed before a judge alone.