R v Wilson [2004] NSWSC 370

New South Wales Supreme Court

CITATION : R v Wilson [2004] NSWSC 370 HEARING DATE(S) : 3 May 2004 JUDGMENT DATE : 3 May 2004

JUDGMENT OF : Simpson J DECISION : Accused fit to stand trial; trial fixed to commence Wednesday 5 May 2004

CATCHWORDS : Fitness to be tried LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 CASES CITED : The Queen v Presser (1958) VR 45 PARTIES : Regina Shannon Blake Wilson - Accused FILE NUMBER(S) : SC 70073/01 COUNSEL : B Smith - Crown C Davenport - Defence SOLICITORS : M Love - Crown S Calomeris - Defence

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Monday 3 May 2004

70073/01 REGINA v Shannon Blake WILSON

JUDGMENT ON FITNESS TO BE TRIED 1 HER HONOUR: The accused, Shannon Blake Wilson, is charged with the murder of Kevin Earl Lester on 15 October 1999. On 20 November 2000 he was found to be unfit to stand trial in relation to that charge and in March of 2002 a special hearing before the Chief Judge at Common Law and a jury took place which resulted in a finding that, on the limited evidence then available, he was guilty of the offence. 2 In accordance with the Mental Health (Criminal Procedure) Act 1990 the Chief Judge then proceeded on 22 April 2002 to impose a limiting term. The accused has remained in custody since that date. 3 On 16 June 2003 the accused was assessed by a psychiatrist, Dr Walker, who examined him with a view to the application of the tests of fitness to be tried set out in The Queen v Presser (1958) VR 45. Dr Walker formed the opinion that as at that date the accused was fit to be tried. 4 Dr Walker has given evidence before me today in which he specified the matters he discussed with the accused and the views he formed, the questions he asked and some answers given by the accused, all of which satisfied him that as at that date the accused was fit to stand trial and that he had overcome such mental illness or disability as had previously rendered him unfit. 5 As a result the Attorney-General, in accordance with the Act, has requested that a further inquiry be conducted into his fitness to be tried and that has taken place this morning. This is that inquiry. The inquiry has taken place without a jury at the election of the accused and with the consent of the prosecution. 6 I am satisfied that the appropriate steps have been taken for that procedure to be valid. 7 The evidence given by Dr Walker was uncontested and no submission were made against the proposition that the accused is now fit to be tried. 8 Accordingly, there is no basis on which I could find other than that the accused is fit to stand trial and I so find him. 9 A trial is fixed to commence on Wednesday 5 May 2004.