NSW Caselaw
New South Wales Supreme Court
CITATION : R v Calvin Glen WALKER [2008] NSWSC 462
HEARING DATE(S) : 12 May 2008
JUDGMENT DATE : 15 May 2008
JUDGMENT OF : Harrison J
1. The accused Calvin Glen Walker is unfit to be tried for the offence of the murder of Douglas Nicholas Walker on 2 December 2006. DECISION : 2. In accordance with s 14 of the Mental Health (Criminal Procedure) Act 1990 I refer the accused to the Medical Health Review Tribunal. 3. The accused is remanded to his former custody pending the determination of the Tribunal under s 16 or until further order.
CATCHWORDS : CRIMINAL LAW – accused charged with murder – evidence of developmental retardation and psychiatric illness including schizophrenia and psychosis – Mental Health Criminal Procedure Act 1990 – whether accused unfit to stand trial - medical opinion that accused was unfit to stand trial
LEGISLATION CITED : Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990
CATEGORY : Procedural and other rulings
Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230 CASES CITED : R v Mailes [2001] NSWCCA 155; (2001) 53 NSWLR 251 R v Presser [1958] VR 45 R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284
PARTIES : The Crown Calvin Glen Walker (Accused)
FILE NUMBER(S) : SC 2007/4240
COUNSEL : P Barnett SC (Crown) C Bruce (Accused)
SOLICITORS : Director of Public Prosecutions (Crown) Legal Aid Commission of New South Wales (Accused)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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