R v Christos Tsekas [2018] NSWDC 187

District Court New South Wales

Medium Neutral Citation: R v Christos Tsekas [2018] NSWDC 187 Hearing dates: 9–10 July 2018 Decision date: 13 July 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Not guilty by reason of mental illness. For orders see [48] Catchwords: Special hearing; wound with intent to murder Legislation Cited: Crimes Act 1900 Mental Health (Forensic Procedure) Act 1990 Cases Cited: R v Istudor [2016] NSWDC 1 R v Minani [2005] NSWCCA 226 R v Porter (1933) HCA 1; (1933) 55 CLR 182 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Christos Tsekas (Accused) Representation: Counsel: M A Hawkins (Crown) S Fraser (Accused) File Number(s): 16/286965 Publication restriction: Nil

Judgment ON VERDICT on special hearing 1. The accused, born on 25 May 1944 and is now 74 years of age, was charged with the following: 1. On 25 September 2016 in Rockdale in the State of New South Wales, did wound Paul Raymond Jay with intent to murder the said Paul Raymond Jay. 1. The accused was further charged in the alternative: 1. (2) That on 25 September 2016 at Rockdale in the State of New South Wales, did wound Paul Raymond Jay with intent to cause grievous bodily harm. 1. Count 1 on the Indictment was an offence pursuant to s 27 of the Crimes Act 1900. The alternative count is an offence pursuant to s 33 (1)(a) of the Crimes Act 1900. 2. On 17 October 2017 the accused was found unfit for trial by her Honour Judge Syme. He was then referred to the Mental Health Review Tribunal ("MHRT") pursuant to s 14(1)(a) of the Mental Health (Forensic Procedure) Act 1990 ("MHFP"). On 18 December 2017 the MRHT determined that the accused was unfit to stand trial and was unlikely to become fit within the next 12 months, pursuant to s 16(1). The matter was then referred to the District Court for special hearing. As neither party elected to have the matter heard before a jury, pursuant to section 21A of the MHFP, the matter was set down for determination by judge alone. The special hearing took place on 9 and 10 July 2018.