R v GU [2009] NSWSC 25

New South Wales Supreme Court

CITATION : R v GU [2009] NSWSC 25

HEARING DATE(S) : 6 February 2009

JUDGMENT DATE : 6 February 2009

JUDGMENT OF : Buddin J

1 The accused Xinfei Gu is unfit to be tried for the offence of murder of Robert Woodger at Eastwood on 20 June 2007. DECISION : 2 In accordance with s14 of the Mental Health (Criminal Procedure) Act 1990 I refer the accused to the Mental Health Review Tribunal. 3 I remand the accused in custody pending the determination of the Tribunal pursuant to s16 of the Act.

CATCHWORDS : CRIMINAL LAW - Accused charged with murder - Inquiry into fitness to be tried - Accused unfit to be tried

LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990

CATEGORY : Principal judgment

CASES CITED : R v Presser [1958] VR 45

PARTIES : Regina Xinfei Gu

FILE NUMBER(S) : SC 2008/11988

COUNSEL : M O'Brien (Crown) M Ierace SC (Accused)

SOLICITORS : S Kavanagh (Solicitor for Director of Public Prosecutions) Lloyd Truman Sadiq Solicitors

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

FRIDAY 6 FEBRUARY 2009

2008/11988 – R v XINFEI GU

JUDGMENT 1 BUDDIN J: The accused is charged with having murdered Robert Woodger at Eastwood on 20 June 2007. This is an inquiry conducted pursuant to the Mental Health (Criminal Procedure) Act 1990 ("the Act") for the sole purpose of determining whether the accused is fit to stand trial for that offence.

The Crown case 2 I was provided with an Agreed Statement of Facts upon which I have relied heavily in order to describe in summary form the essence of the case which the Crown seeks to advance. . 3 About 5.45am on 20 June 2007 a Taxi Reg. No T-7309 was involved in a collision with a garbage truck in Rutledge Road, Eastwood. The taxi failed to stop. About 6.00am the taxi was located at the corner of Warrawong and Read Streets, Eastwood by the driver of another garbage truck. Police were notified and attended the scene. 4 The vehicle was unoccupied but had sustained damage to it. Blood smears were found in various places on the outside of the vehicle and there were blood spots on the ground outside the taxi.