R v Dunn [2012] NSWSC 946

Supreme Court New South Wales

Medium Neutral Citation: R v Dunn [2012] NSWSC 946 Hearing dates: 13 August 2012 Decision date: 13 August 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Pursuant to s.8(2) Mental Health (Forensic Provisions) Act 1990, the Court determines that there is no longer any need for an inquiry to be conducted concerning the Accused's fitness to be tried. The proceedings are to be placed in the Arraignments List on 7 September 2012 for the purpose of fixing a trial date. Bail is refused. Catchwords: CRIMINAL LAW - Accused charged with murder and armed robbery - question raised as to fitness of Accused to be tried - fitness inquiry directed - later evidence unanimous that Accused fit to be tried - whether necessary to proceed with inquiry - power under s.8(2) Mental Health (Forensic Provisions) Act 1900 to determine that inquiry no longer necessary - Court determines under s.8(2) that inquiry no longer necessary Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser [1958] VR 45 R v Rivkin [2004] NSWCCA 7; 59 NSWLR 284 Subramaniam v The Queen [2004] HCA 51; 211 ALR 1 Eastman v The Queen [2000] HCA 29; 203 CLR 1 R v Zhang [2000] NSWCCA 344 Coles v R [2008] NSWSC 672 Texts Cited: Howard and Westmore, "Crime and Mental Health Law in New South Wales", 2nd edn, 2010 Category: Procedural and other rulings Parties: Regina (Crown) David John Dunn (Accused) Representation: Counsel: Mr LL Lungo (Crown) Mr PJ Pearsall (Accused) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2010/301016; 2010/398890 Publication restriction: ---