R v Charles Robert Moyano [2015] NSWSC 1444

Supreme Court New South Wales

Medium Neutral Citation: R v Charles Robert Moyano [2015] NSWSC 1444 Hearing dates: 28 September 2015 Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: 1. Pursuant to section 14 of the Mental Health (Forensic Provisions) Act 1990 ("the Act") I formally find that the accused, Charles Robert Moyano, is unfit to be tried for the offence of murder of Keith William Lee on 5 December 2014. 2. In accordance with s 14 of the Act, I refer this matter to the Mental Health Review Tribunal. 3. Pursuant to s 14(b)(iii) of the Act, I remand the accused in custody, pending the determination of the Mental Health Review Tribunal under s 16 of the Act. 4. I direct the Supreme Court Registry to provide the following documentation to the Tribunal: a. A copy of these findings; b. A copy of any orders made for detention; 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. e. Any other exhibits tendered to the Court in the enquiry. Catchwords: CRIMINAL LAW – procedure – murder – fitness to be tried – "Presser" principles – accused unfit to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser [1958] VR 45 Category: Principal judgment Parties: Crown Charles Robert Moyano Representation: Counsel: T Bailey (Crown) C Loukas SC (Accused)