Regina (C'Wealth) v Sharrouf [No 2] [2008] NSWSC 1450

New South Wales Supreme Court

CITATION : Regina (C'Wealth) v Sharrouf [No 2] [2008] NSWSC 1450

HEARING DATE(S) : 9/05/08; 29/05/08; 19/06/08

JUDGMENT DATE : 25 June 2008

JURISDICTION : Criminal

JUDGMENT OF : Whealy J at 1

DECISION : 1. I find that the accused is unfit to be tried. 2. I am satisfied that the accused will become fit to be tried withion 12 months from today's date. 3. I am satisfied that the accused is suffering from a mental condition for which reatment is available in a Prison Hospital. 4. I order that the accused be taken to and detained in the MRRC Screening Unit from today, or as soon as he is transferred to the Unit can be reasonably achieved, and that he be kept there for a period ending when he becomes fit to be tried

CATCHWORDS : CRIMINAL LAW - Practice and Procedure - Fitness for trial - Proper interpretation of the Mental Health (Criminal Procedure) Act 1990 (NSW) _ Proper construction for s 20B of the Crimes Acy 1914 (Cth) - Meaning of Prima Facie case - Correct test to be applied - Whether paper evidence can be tendered - Whether Court required to weigh up competing or alternative inferences arising from a circumstantial case

Commonwealth Criminal Code Act 1995 Criminal Procedure Act 1986 LEGISLATION CITED : Crimes Act 1914 Cth Evidence Act Judiciary Act (Cth) 1903 Mental Health (Criminal Procedure Act 1990 (NSW)

Baladjam & Ors v R [2008] NSWCCA 85 Doney v R (1990) 171 CLR 207; 96 ALR 539 Eastman v The Queen [2000] 203 CLR 1 Kesavarajah v The Queen (1994) 181 CLR 230 May v O'Sullivan (1955) 92 CLR 654: (1955) ALR 671 Ngataya v The Queen (1980) 147 CLR 108 CASES CITED : Zanetti v Hill (1962) 108 CLR 433; (1963) ALR 165 R v Baladjam & Ors 7 March 2008 R v Baladjam & Ors [No 13] 1 May 2008 R v JMR (1991) 57 A Crim R 39 R v Svonaric [2001] 54 NSWLR 1 R v Presser (1958) ALR 248 Saffron v DPP (1989) 16 NSWLR 397; 43 A Crim R 1 Wentworth v Rogers (1984) 2 NSWLR 422: (1984) 15 A Crim R 376 at 429, 440