R v Wilson [2015] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson [2015] NSWSC 1538 Hearing dates: 16 October 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: 1. The accused Pearl Marie Wilson is currently unfit to be tried for the offence of murdering Jason Gordon Shepstone at Dapto on or about 11 February 2013. 2. In accordance with Section 14 of the Mental Health (Forensic Provisions) Act 1990, refer the accused to the Mental Health Review Tribunal (the Tribunal); 3. Vary the conditions of bail previously granted by this court by deleting them all and substituting these: The accused is – (a) To attend the Emergency Department at Shellharbour Hospital by 5pm Monday 19 October 2015 to be psychiatrically assessed, taking into consideration the two emails of Dr Furst dated 16 October 2015; (b) To accept all reasonable directions and treatment by the medical staff at Shellharbour Hospital or any other delegated treatment course; (c) To attend the Tribunal at such time and place as the Tribunal shall direct; (d) To comply with all directions of the Tribunal; (e) To reside at XX XXXXX XXXXX Road, XXXXX unless hospitalised 4. Direct the Registrar to provide the following documents to the Emergency Department, Shellharbour Hospital: (i) A copy of these orders (ii) A transcript of the evidence taken from Dr Stephen Allnutt and Dr Richard Furst in this inquiry (iii) A copy of the emails sent by Dr Richard Furst to Mr Peter Pearsall on 16 October 2014 5. Direct the Registrar to provide the following documents to the Tribunal: (i) A copy of this judgment (ii) A copy of these orders (iii) A transcript of the evidence taken from Dr Stephen Allnutt and Dr Richard Furst in this inquiry (iv) Copies of all exhibits tendered in this inquiry Catchwords: CRIMINAL LAW - procedure – murder – fitness to be tried – "Presser" principles – accused unfit to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Pearl Marie Wilson Representation: Counsel: Ms K Ratcliffe (Crown) Mr P Pearsall (Accused)