R v Newbury [2012] NSWSC 34

Supreme Court New South Wales

Medium Neutral Citation: R v Newbury [2012] NSWSC 34 Hearing dates: 6 February 2012 Decision date: 09 March 2012 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. I find that the Accused Wayne Patrick Newbury is unfit to be tried for the offence of the murder of Ross Andrew Tekampe on 3 August 2010. 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 schizophrenia and poly-substance abuse - Accused unfit to be tried. Legislation Cited: Crimes Act 1900 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R (1994) 181 CLR 230 Ngatayi v R (1980) 147 CLR 18 R v Presser [1958] VR 45 Robinson v R ([2008] NSWCCA 64 Category: Principal judgment Parties: Crown Wayne Patrick Newbury (Defendant) Representation: P Barnett SC (Crown) A Coultas-Roberts (Defendant) Director of Public Prosecutions (Crown) Legal Aid NSW (Defendant) File Number(s): 2010/257892