R v Brett Wayne SMITH [2009] NSWSC 1337

New South Wales Supreme Court

CITATION : R v Brett Wayne SMITH [2009] NSWSC 1337

HEARING DATE(S) : 1 December 2009

JUDGMENT DATE : 4 December 2009

JUDGMENT OF : Harrison J

1. I find that the accused Brett Wayne Smith is unfit to be tried for the offence of the murder of Adam Catt on 20 November 2008. DECISION : 2. I find that the accused Brett Wayne Smith is unfit to be tried for the offence of wounding Janell Hutman with intent to murder her on 20 November 2008. 3. In accordance with s 14 Mental Health (Forensic Provisions) Act 1990 I refer the accused to the Mental Health Review Tribunal. 4. I remand the accused to his former custody pending the determination of the Mental Health Review Tribunal under s 16 of the Act or until further order.

CATCHWORDS : CRIMINAL LAW – accused charged with murder and wounding with intent – evidence of psychiatric illness including treatment resistant schizophrenia and psychosis – Mental Health (Forensic Provisions) Act 1990 – whether accused unfit to stand trial – undisputed medical opinion that accused unfit to stand trial

LEGISLATION CITED : Mental Health (Forensic Provisions) Act 1990

CATEGORY : Principal judgment

Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230 CASES CITED : R v Presser [1958] VR 45 R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284

PARTIES : The Crown Brett Wayne Smith (Accused)

FILE NUMBER(S) : SC 2009/9549

COUNSEL : M Tedeschi QC (Crown) D Stewart (Accused)

SOLICITORS : S E O'Connor, Solicitor for Public Prosecutions (Crown) Shiranica Danieli Lawyers (Accused)