R v Poynton [2016] NSWSC 615

Supreme Court New South Wales

Medium Neutral Citation: R v Poynton [2016] NSWSC 615 Hearing dates: 13 May 2016 Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction: Common Law Before: Campbell J Decision: Under s 11 Mental Health (Forensic Provisions Act 1990) I find that the accused, Daniel Poynton is unfit to be tried for the offence of murder; Pursuant to s 14 of the Act, I refer the accused to the Mental Health Review Tribunal; Under s 14(b)(iii) of the Act, I remand the accused in custody until the determination of the Tribunal has been given effect to and until further order of the court; Direct the Registrar to provide the following documents to the Tribunal:

A copy of my reasons for judgment; A copy of the reports of Drs Chew and O'Dea; A copy of the Crown Case Statement; A copy of the written submissions of counsel.

Under s 7 Court Orders Suppression and Non-Publication Act 2010 (NSW), the publication of these reasons is restricted in the interests of the administration of justice to the legal representatives of the parties, and the Mental Health Review Tribunal until completion of procedures under Mental Health (Forensic Provisions Act) 1990 (NSW) or, if applicable, jury verdict. Under s 7 Court Orders Suppression and Non-Publication Act 2010 (NSW), the publication of these reasons is restricted in the interests of the administration of justice to the legal representatives of the parties, and the Mental Health Review Tribunal until completion of procedures under Mental Health (Forensic Provisions Act) 1990 (NSW) or, if applicable, jury verdict. Catchwords: CRIMINAL LAW – offences against the person – murder – Legislation Cited: Mental Health (Forensic Provisions) Act 1990). Cases Cited: Kesavarajah v the Queen (1994) 181 CLR 230 VR 45 Category: Principal judgment Parties: Regina (Plaintiff) Daniel Poynton (Defendant) Representation: Counsel: T Thorpe (Crown Prosecutor) E. Wilson SC (Accused)