NSW Caselaw
New South Wales Supreme Court
CITATION : R v Tarantello [2010] NSWSC 469
HEARING DATE(S) : 14 May 2010
JUDGMENT DATE : 25 May 2010
JURISDICTION : CRIMINAL LIST
JUDGMENT OF : Davies J
DECISION : (1) I find that the Accused Giuseppe Tarantello is unfit to be tried for the offence of the murder of Francesco Amore on 13 May 2009. (2) In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990, I refer this matter to the Mental Health Review Tribunal. (3) Pursuant to s 14(b)(iii) of that Act, I remand the Accused in custody pending the determination of the Mental Health Review Tribunal under s 16 of that Act. (4) I direct the court registry to provide the following documentation to the Tribunal: (a) A copy of this finding. (b) A copy of any orders made for detention or bail. (c) A transcript of these proceedings. (d) A copy of any psychiatric reports tendered to the Court during these proceedings. (e) A copy of any additional reports tendered as evidence to the Court pertaining to the person's fitness to stand trial, and (f) The Crown Case Statement.
CATCHWORDS : CRIMINAL LAW - procedure - fitness to plead or be tried - charge of murder - Accused suffering from Treatment-resistant Schizophrenia - Accused unfit to be tried.
LEGISLATION CITED : Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990
CATEGORY : Procedural and other rulings
Kesavarajah v R (1994) 181 CLR 230 CASES CITED : Ngatayi v R (1980) 147 CLR 18 R v Presser [1958] VR 45 Robinson v R ([2008] NSWCCA 64
PARTIES : Regina Giuseppe Tarantello
FILE NUMBER(S) : SC 2009/54795
COUNSEL : J Manuel SC (Applicant) P Ingram (Crown)
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