R v Webber [2013] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: R v Webber [2013] NSWSC 870 Hearing dates: 28 June 2013 Decision date: 28 June 2013 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. I find that the Accused Geoffrey Webber is unfit to be tried for the offence of the murder of Luke Aaron Robins on 2 May 2012; 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 the Crown papers tendered at this enquiry which include: i. A copy of any psychiatric reports tendered to the Court during these proceedings, and ii. The Crown Case Statement. Catchwords: CRIMINAL LAW - procedure - fitness to plead or be tried - charge of murder - Accused suffering from paranoid schizophrenia - whether Accused satisfies the requirements that he be able to give instructions and understand what his defence was - Accused unfit to be tried. Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R (1994) 181 CLR 230 Ngatayi v R (1980) 147 CLR 1 R v Presser [1958] VR 45 Robinson v R [2008] NSWCCA 64 Category: Principal judgment Parties: Crown Geoffrey Webber (Defendant) Representation: Counsel: H Baker (Crown) C Loukas SC (Defendant) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Defendant) File Number(s): 2012/140771