R v Patricia Anne GALLAGHER [2012] NSWSC 484

Supreme Court New South Wales

Medium Neutral Citation: R v Patricia Anne GALLAGHER [2012] NSWSC 484 Hearing dates: 10 May 2012 Decision date: 10 May 2012 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: (1) I find the accused Patricia Anne Gallagher is unfit to be tried. (2) In accordance with s 14 of the Mental Health (Forensics 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 Ms Gallagher 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 and psychological reports which are exhibits in these proceedings and; (e) A copy of the Crown Case Statement. Catchwords: CRIMINAL LAW - fitness to plead to murder charge - cognitive impairment - verbal skills within extremely low range - inability to instruct counsel. Legislation Cited: Mental Health (Forensic Provisions) Act 1990, ss 8, 10, 11, 12 14, 16 Cases Cited: Eastman v R [2000] HCA 29; (2003) CLR 1 Kesavarajah v R [1994] HCA 41; (1994) 181 CLR 230 R v Presser [1958] VR 45; [1958] ALR 248 Category: Principal judgment Parties: Regina (Crown) Patricia Anne Gallagher (Accused) Representation: Counsel: Mr L Lungo (Crown) Mr M Austin (Accused) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission of New South Wales (Accused) File Number(s): 2010/00381412