R v Bailey [2011] NSWSC 1228

Supreme Court New South Wales

Medium Neutral Citation: R v Bailey [2011] NSWSC 1228 Hearing dates: 11/10/2011 Decision date: 11 October 2011 Before: Garling J Decision: 1. I find the accused, Sean Hai Bailey, is unfit to be tried. 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. In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990, I remand Mr Bailey in custody until the determination of the Mental Health Review Tribunal, pursuant to s 16 of that Act. 4. I direct the Registrar of the Supreme Court to provide the following documentation to the Mental Health Review Tribunal within seven days: (a) a copy of this finding and my reasons; (b) a copy of the orders which I have made; (c) a copy of the transcript of these proceedings; (d) a copy of the psychiatric reports of Professor Greenburg which are exhibits in these proceedings; and (e) a copy of the Crown Case Statement. Catchwords: CRIMINAL LAW - Accused charged with murder - Whether fit to be tried - Undisputed medical evidence that accused unfit to be tried - Chronic Schizoaffective Disorder - Referred to Mental Health Review Tribunal - No issue of principle Legislation Cited: Crimes Act 1900 Mental Health Act (1990) (repealed) Mental Health (Forensic Provisions) Act 1990 Cases Cited: Eastman v R (2000) 203 CLR 1 Kesavarajah v R (1994) 181 CLR 230 R v Presser (1958) VR 45 R v Robinson [2008] NSWCCA 64 Category: Principal judgment Parties: The Crown Sean Hai Bailey File Number(s): 2010/277494