R v Aller [2014] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: R v Aller [2014] NSWSC 360 Hearing dates: 27/03/2014 Decision date: 27 March 2014 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) I find the accused, Michael Aller, is unfit to be tried. (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) In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990, I remand Mr Aller in custody, until the determination of the Mental Health Review Tribunal pursuant to s 16 of the Mental Health (Forensic Provisions) Act 1990. (4) I direct the Registrar of the Supreme Court to provide the following documentation to the Mental Health Review Tribunal within seven days: (a) a copy of this finding and my reasons; (b) a copy of the orders which I have made; (c) a copy of the transcript of these proceedings; and (d) a copy of Exhibit A. Catchwords: CRIMINAL LAW - accused charged with one count of murder - whether accused unfit to be tried - where accused continues to suffer from symptoms of chronic schizophrenic illness - substantial expert medical evidence suggesting that accused is unfit to stand trial - whether accused's illness would enable a fair trial - referred to Mental Health Review Tribunal - no issue of principle. Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R [1994] HCA 41; (1994) 181 CLR 230 R v Robinson [2008] NSWCCA 64 The Queen v Presser [1958] VR 45 Category: Principal judgment Parties: The Crown Michael John Aller (Accused) Representation: Counsel: K McKay (Crown) C Smith (Defendant) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission of NSW (Accused) File Number(s): 2012/00240127