R v Wilson (No. 2) [2013] NSWSC 1288

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No. 2) [2013] NSWSC 1288 Hearing dates: 19 August 2013, 9 September 2013 Decision date: 09 September 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. Accused is unfit to be tried. 2. Direct that a special hearing be conducted in accordance with s.30(2)(a) Mental Health (Forensic Provisions) Act 1990 Catchwords: CRIMINAL LAW - Accused charged with murder and other offences - earlier finding of unfitness to be tried - referral to Mental Health Review Tribunal - Tribunal determines that Accused fit to be tried - referral back to Court - inquiry under s.29 Mental Health (Forensic Provisions) Act 1990 - Accused unfit to be tried - Accused had been detained as inmate or forensic patient for more than 12 months - direction that special hearing proceed under s.30(2)(a) of the Act Legislation Cited: Crimes (Administration of Sentences) Act 1999 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R [1994] HCA 41; 181 CLR 230 R v Presser (1958) VR 45 R v Wilson (No 1) [2013] NSWSC 1146 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Joseph Rowan Wilson (Accused) Representation: Counsel: Mr LL Lungo (Crown) Mr MG Ainsworth; Ms JA Wright (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Bayside Lawyers (Accused) File Number(s): 2009/262146 Publication restriction: ---