R v Wilkinson [2008] NSWSC 1237

New South Wales Supreme Court

CITATION : R v Wilkinson [2008] NSWSC 1237

HEARING DATE(S) : 13 October 2008

JUDGMENT DATE : 13 October 2008

JUDGMENT OF : Johnson J at 1

EX TEMPORE JUDGMENT DATE : 13 October 2008

DECISION : Accused is fit to be tried on the charges of murder and arson.

CATCHWORDS : CRIMINAL LAW - accused charged with murder and arson - inquiry into fitness to be tried - accused fit to be tried

LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990

CATEGORY : Principal judgment

R v Presser (1958) VR 45 CASES CITED : R v Rivkin (2004) 59 NSWLR 284 Subramanian v The Queen (2004) 211 ALR 1; [2004] HCA 51

PARTIES : Regina (Crown) Paul James Wilkinson (Accused)

FILE NUMBER(S) : SC 2008/2802

COUNSEL : Mr JP Kiely SC (Crown) Mr TM Healey (Accused)

SOLICITORS : Director of Public Prosecutions (Crown) McGowan Lawyers (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

Johnson J

13 October 2008

2008/2802 R v Paul James Wilkinson

JUDGMENT (on fitness of Accused to be tried) 1 JOHNSON J: This is an inquiry conducted for the purpose of s.10 Mental Health (Criminal Procedure) Act 1990 to determine whether the Accused, Paul James Wilkinson, is fit to be tried for the offences of murder and arson. 2 The Accused has been charged that on or about 28 April 2004 at Sydney, in the State of New South Wales, he did murder Kylie Labouchardiere, and that on 16 May 2004, at Picnic Point, in the State of New South Wales, he did intentionally damage the property at 38 Kelvin Parade, Picnic Point, the property of Garry Phillips, by means of fire.