NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Aliwijaya [2012] NSWSC 503 Hearing dates: 14 May 2012 Decision date: 16 May 2012 Before: McCallum J Decision: Accused found fit to be tried for the offence of murder. Special verdict of not guilty by reason of mental illness returned Catchwords: CRIMINAL LAW - procedure - determination as to fitness to be tried
CRIMINAL LAW - murder - trial by judge alone - offence committed whilst accused suffering acute symptoms of schizophrenic illness - consensus between expert psychiatrists as to mental illness defence - defence established Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Supreme Court Rules 1970 Cases Cited: Hawkins v The Queen (1994) 179 CLR 500 Kesavarajah v The Queen (1994) 181 CLR 230 R v M'Naghton (1843) 8 ER 718 R v Mohamed Iqbal Aliwijaya [2011] NSWSC 924 Ngatayi v The Queen (1980) 147 CLR 1 R v Rodriguez [2010] NSWSC 198 R v PCB [2012] NSWSC 482 R v Porter [1933] HCA 1; (1933) 55 CLR R v Presser [1958] VR 45 R v Welsh (1996) 90 A Crim R 364 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Mohamed Iqbal Aliwijaya (accused) Representation: Counsel: Mr A McCarthy (Crown) Mr C Smith (accused) Solicitors: Office of the Director for Public Prosecutions (Crown) Andrew Harris & Associates (accused) File Number(s): 2010/106383 Publication restriction: None
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