R v Azar [2015] NSWSC 1486

Supreme Court New South Wales

Medium Neutral Citation: R v Azar [2015] NSWSC 1486 Hearing dates: 9 October 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: The orders of the Court are as follows: 1. Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 ("the Act") I find that the accused, Daniel Azar, is unfit to be tried for the offence of murder. 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 further orders of the Court. 4. I direct the Supreme Court Registry to provide the following documents to the Tribunal: (a)A copy of this judgment; (b)A copy of any orders made for detention; (c)A copy of the exhibit papers tendered to this inquiry, being Exhibits 1 and Exhibits A to J; and (d)The Crown Case Statement. 5. The accused's trial date of 9 November 2015 is vacated. 6. The s 77 order for 9 November 2015 is revoked. 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: Kesavarajah v R [1994] HCA 41; (1994) 181 CLR 245 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Daniel Azar Representation: Counsel: Ms E Wilkins SC (Crown) Mr G P Craddock SC (Offender)