R v Tuki [2012] NSWSC 1436

Supreme Court New South Wales

Medium Neutral Citation: R v Tuki [2012] NSWSC 1436 Hearing dates: 23 November 2012 Decision date: 23 November 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Accused, Ray Tuki, is unfit to be tried for the offences contained in the indictment dated 23 November 2012, a copy of which will be furnished, together with the documentary exhibits, to the Mental Health Review Tribunal. In accordance with s.14 Mental Health (Forensic Provisions) Act 1990, the Accused is referred to the Mental Health Review Tribunal. Pursuant to s.14(b)(iii) of that Act, the Accused is remanded in custody pending the determination of the Mental Health Review Tribunal under s.16 of that Act. Copies of all exhibits at this inquiry, together with a copy of the indictment, are to be furnished to the Mental Health Review Tribunal, to assist the discharge of its statutory functions under the Mental Health (Forensic Provisions) Act 1990. Catchwords: CRIMINAL LAW - accused charged with murder and other offences - inquiry into fitness to be tried - earlier finding in District Court of unfitness to be tried for different offences in that Court - finding that accused unfit to be tried for offences in Supreme Court Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Crimes Act 1900 Cases Cited: R v Presser (1958) VR 45 R v Rivkin [2004] NSWCCA 7; 59 NSWLR 284 Kesavarajah v The Queen [1994] HCA 41; 181 CLR 230 Subramaniam v The Queen [2004] HCA 51; 211 ALR 1 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Ray Tuki (Accused) Representation: Counsel: Mr K McKay (Crown) Mr P Winch (Accused) Solicitors: Director of Public Prosecutions (Crown) Courtroom Lawyers Sydney (Accused) File Number(s): 2010/223518 Publication restriction: ---