R v Griffiths [2016] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: R v Griffiths [2016] NSWSC 1571 Hearing dates: 7 November 2016 Date of orders: 07 November 2016 Decision date: 07 November 2016 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: 1. I find that the accused, Brendan Troy Griffiths is unfit to be tried for the offence of murder. 2. In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990 ("the Act"), I refer this matter to the Mental Health Review Tribunal. 3. Pursuant to s 14(b)(iii) or 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 the exhibits tendered to this inquiry; (c) a copy of the Crown Case Statement; (d) a copy of the written submissions of the parties. Catchwords: Criminal law – fitness to be tried – judge alone - Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser (1958) VR 45 Category: Principal judgment Parties: Regina Brendon Griffiths Representation: Counsel: Mr T Thorpe (Crown Mr C Bruce (Amicus)

Solicitors: Solicitor for Director of Public Prosecutions Legal Aid (NSW) File Number(s): 2014/300561 Publication restriction: No

Judgment 1. On 7 November 2016 a very brief hearing took place as to the accused's fitness to stand trial for the murder of Hoani Shaune Love on 30 September 2014. At the close of the hearing I made the following finding and orders, pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 ("the Act"): 1. I find that the accused, Brendan Troy Griffiths 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) or 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. 1. a copy of this judgment; 2. a copy of the exhibits tendered to this inquiry; 3. a copy of the Crown Case Statement; 4. a copy of the written submissions of the parties. 1. I said that I would publish my reasons later. 2. These, then, are my reasons for making those orders.