R v Akok [2018] NSWSC 1192

Supreme Court New South Wales

Medium Neutral Citation: R v Akok [2018] NSWSC 1192 Hearing dates: 20 July 2018 Date of orders: 26 July 2018 Decision date: 02 August 2018 Jurisdiction: Common Law Before: Button J Decision: I find the accused, Mr Marko Akok, unfit to be tried for the offence of murder with which he is charged. (1) Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW), I refer Mr Akok to the Mental Health Review Tribunal. (2) I adjourn the proceedings before this Court and remand Mr Akok in custody until the determination of the tribunal has been given effect. (3) The matter is listed for mention only in the next arraignments list of this Court at 10 am on 3 August 2018. (4) I direct the Registrar of the Court to forward to the Mental Health Review Tribunal, the reports of the two psychiatrists, Dr Stephen Allnut and Dr Antonio Simonelli. Catchwords: CRIMINAL LAW – count of murder – plea of guilty entered in Local Court – issue of fitness of accused to be tried – question raised during sentence proceedings – inquiry held – diagnosis of paranoid schizophrenia – discussion of aspects of question of fitness – finding of unfitness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 7, 12, 14, 33 Cases Cited: R v Bugmy [2009] NSWSC 1215 R v Presser [1958] VR 45 R v Waszczuk [2011] NSWSC 212 Category: Principal judgment Parties: Regina Marko Akok Representation: Counsel: D Daleo (Crown) E Ozen (Accused)