R v Khan (No 2) [2018] NSWSC 663

Supreme Court New South Wales

Medium Neutral Citation: R v Khan (No 2) [2018] NSWSC 663 Hearing dates: 16 May 2018 Date of orders: 16 May 2018 Decision date: 16 May 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The jury is discharged. (2) The proceedings are listed before me for further directions at 9.15am on Monday, 9 July 2018 with a view to setting a hearing date to determine the issue of the accused's fitness to stand trial. Catchwords: CRIMINAL LAW – Practice and procedure – Where accused indicted for committing a terrorist act – Alternative count of attempted murder – Where accused pleaded not guilty to both counts on the grounds of mental illness – Where issue of the accused's fitness to stand trial arose during the course of the trial – Inconclusive preliminary medical opinion as to fitness – Consideration of legislative scheme where issue of fitness raised – Necessity to conduct fitness hearing – Jury discharged and matter adjourned for further directions

WORDS AND PHRASES – "raising question of fitness" Legislation Cited: Crimes Act 1900 (NSW) Criminal Code 1995 (Cth) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: R v Khan (No 1) [2018] NSWSC 577 R v Presser [1958] VR 45 R v Sharrouf [2008] NSWSC 1450 R v Tier [2001] NSWCCA 53 R v Zhang [2000] NSWCCA 344 Category: Procedural and other rulings Parties: Regina (Crown) Ihsas Khan (Accused) Representation: Counsel: P W Neil SC and A N Williams (Crown) M Ierace SC (Accused)