R v Cahill [2016] NSWSC 1697

Supreme Court New South Wales

Medium Neutral Citation: R v Cahill [2016] NSWSC 1697 Hearing dates: 24 November 2016 Date of orders: 05 December 2016 Decision date: 05 December 2016 Before: Hidden AJ Decision: 1. Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990, I find that the accused, William Cahill, is unfit to be tried for the offence of murder and the two offences of being armed with an offensive weapon with intent to commit assault. 2. In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990, I refer this matter to the Mental Health Review Tribunal. 3. Pursuant to s 14(b)(iii) of 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 – murder and related offences – whether accused fit to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R (1994) 181 CLR 230 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina William Cahill Representation: Counsel: Mr T Thorpe (Crown) Mr CJ Smith SC (Accused)

Solicitors: Solicitor for DPP Legal Aid NSW File Number(s): 2015/363824 Publication restriction: No