R v Azar [2016] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: R v Azar [2016] NSWSC 480 Hearing dates: 18 April 2016 Date of orders: 18 April 2016 Decision date: 18 April 2016 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: 1. That the accused Daniel Azar is fit to be tried for the offence of murdering Basem Salemah. 2. That the matter be listed before the Arraignments Judge on 3 June 2016. 3. Bail not being applied for is refused in the meantime. Catchwords: Mental Health Fitness Enquiry Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser [1958] VR 45 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Daniel Azar (Accused) Representation: Counsel: Mr TW Thorpe (Crown) Mr GP Craddock SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Peter Murphy Criminal Solicitors (Accused) File Number(s): 2013/00252292

REASONS FOR Judgment 1. MATHEWS AJ: On 18 April 2016 a brief hearing took place as to the accused's fitness to stand trial for the murder of Basem Salemah on 14 October 2013. At the close of the hearing I made the following orders: 1. That the accused Daniel Azar is fit to be tried for the offence of murdering Basem Salemah. 2. That the matter be listed before the Arraignments Judge on 3 June 2016. 3. Bail not being applied for is refused in the meantime. 1. I said that I would deliver my reasons later. 2. These, then, are my reasons for making those orders.