R v Ivanoff [2017] NSWSC 1707

Supreme Court New South Wales

Medium Neutral Citation: R v Ivanoff [2017] NSWSC 1707 Hearing dates: 7 December 2017 Date of orders: 07 December 2017 Decision date: 07 December 2017 Jurisdiction: Common Law Before: Johnson J - Crime Decision: (a) The Accused is referred to the Mental Health Review Tribunal pursuant to s.14 Mental Health (Forensic Provisions) Act 1990. (b) Pursuant to s.14(b)(iii) Mental Health (Forensic Provisions) Act 1990, the Accused is remanded in custody until such time as effect is given to any determination made by the Mental Health Review Tribunal. (c) Johnson J directs that the Registrar provide to the Mental Health Review Tribunal a copy of the exhibits tendered in these proceedings together with a copy of the Court's reasons - with those documents intended to assist the Mental Health Review Tribunal in the discharge of its statutory functions under the Mental Health (Forensic Provisions) Act 1990. Catchwords: CRIMINAL LAW - Accused charged with murder - inquiry into fitness to be tried - finding that Accused until to be tried - referral to Mental Health Review Tribunal Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Clarkson v R (2007) 171 A Crim R 1; [2007] NSWCCA 70 Feili v R [2015] NSWCCA 43. Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 at 245-246 R v Presser [1958] VR 45. R v Rivkin (2004) 59 NSWLR 284; [2004] NSWCCA 7 Subramaniam v The Queen (2004) 79 ALJR 116; [2004] HCA 51 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Ben Ivanoff (Accused) Representation: Counsel: Ms MM Cunneen SC (Crown) Ms JS Manuell SC (Accused)