R v Huy Pham [2007] NSWSC 1312

New South Wales Supreme Court

CITATION : R v Huy Pham [2007] NSWSC 1312

HEARING DATE(S) : 12 November 2007

JUDGMENT DATE : 12 November 2007

JUDGMENT OF : James J

EX TEMPORE JUDGMENT DATE : 12 November 2007

DECISION : Accused found fit to be tried

CATCHWORDS : CRIMINAL LAW - Fitness to be tried

LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 Mental Health (Criminal Procedure) Amendment Act 2005 No 109

CASES CITED : Kesavarajah v The Queen (1994) 181 CLR 230 R v Presser [1958] VR 45

PARTIES : R v Huy Pham

FILE NUMBER(S) : SC 2005/3119

COUNSEL : JN Bowers - Crown JS Manuell - Accused

Director of Public Prosecutions SOLICITORS :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

MONDAY 12 NOVEMBER 2007

2005/3119001-5 REGINA v HUY PHAM

JUDGMENT 1 HIS HONOUR: This is a determination of the question of the unfitness to be tried of Huy Pham, who I will refer to as "the accused", for a number of offences.

2 The accused has been charged with the following offences allegedly committed on 4 August 2004. 1. That he murdered Chi Cong Pham (who was his wife's uncle). 2. That he shot at Joanne Ngo (who is his wife) with intent to murder her. 3. That he threatened to use an offensive weapon, namely a pistol, with intent to commit an indictable offence. 4. That he maliciously damaged by fire a pharmacy at Riverwood, which was the property of his wife. 5. That he used a firearm, namely a pistol, without being authorised to do so. 6. That he possessed a firearm, namely a pistol, without being authorised to do so.