R v Waszczuk [2012] NSWSC 380

Supreme Court New South Wales

Medium Neutral Citation: R v Waszczuk [2012] NSWSC 380 Hearing dates: 19 April 2012 Decision date: 04 May 2012 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. I find that the Accused Martin Jan Waszczuk is unfit to be tried for the offence of the murder of Jan Waszczuk on 25 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 Exhibit A at this enquiry being the Crown papers which include: (i) A copy of any psychiatric reports tendered to the Court during these proceedings, and (ii) The Crown Case Statement. (e) The other exhibits tendered at the enquiry. Catchwords: CRIMINAL LAW - procedure - fitness to plead or be tried - charge of murder - further enquiry after determination of Mental Health Review Tribunal that Accused was fit to plead - Accused suffering from schizophrenia including Formal Thought Disorder - Accused has no insight into his mental illness - whether Accused satisfies the requirements that he be able to make his defence and version of the facts known to counsel and the Court - Accused unfit to be tried. Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R (1994) 181 CLR 230 R v Presser [1958] VR 45 R v Waszczuk [2011] NSWSC 212 Robinson v R ([2008] NSWCCA 64 Category: Principal judgment Parties: Crown Martin Jan Waszczuk Representation: Counsel: C Maxwell QC (Crown) In person (Accused) Solicitors: Solicitor for Public Prosecutions (Crown) In person (Accused) File Number(s): 2009/74187