R v Blackman [2016] NSWSC 1579

Supreme Court New South Wales

Medium Neutral Citation: R v Blackman [2016] NSWSC 1579 Hearing dates: 4 November 2016 Date of orders: 09 November 2016 Decision date: 09 November 2016 Before: Schmidt J Decision: Order made under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW) that: 1. The accused Gary Clifford Blackman is currently unfit to be tried for the offences he has been charged with, of murdering Nicole Weate at Tomewin between 2 and 6 April 2014, the offence under s 18(1)(b) of the Crimes Act 1900 (NSW) of unlawfully killing Ms Weate and under s 33(1)(b) of the Crimes Act of causing her grievous bodily harm with intent. 2. The accused be referred to the Mental Health Review Tribunal. 3. The accused be remanded in custody, pending further orders of the Court. 4. Direct the Registrar to provide the following documents to the Tribunal: (i) A copy of this judgment. (ii) A copy of these orders. (iii) Copies of all exhibits tendered in this inquiry. Catchwords: CRIMINAL LAW – murder – fitness inquiry – fitness to be tried – Presser and Kesavarajah principles – accused unfit to be tried – orders made under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW) Legislation Cited: Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Kesavarajah v the Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Gary Clifford Blackman Representation: Counsel: Mr T Bailey (Crown) Mr J Watts (Accused)