R v Ohlsen [2018] NSWSC 1193

Supreme Court New South Wales

Medium Neutral Citation: R v Ohlsen [2018] NSWSC 1193 Hearing dates: 2 August 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Before: Wilson J Decision: (1) I find on the balance of probabilities that the accused is not fit to be tried for the offence of murder charged against her, and is unlikely to become fit in a twelve month period. (2) Pursuant to s 14(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW) the accused is referred to the Mental Health Review Tribunal. (3) Bail is refused until such time as the determination of the Mental Health Review Tribunal has been given effect to. Catchwords: CRIME – MURDER- question of accused's fitness to be tried raised in good faith – inquiry held – evidence of long enduring and treatment resistant schizophrenia – unfitness to be assessed contemporaneously – accused currently displaying signs of severe mental illness – Presser criteria applied – accused found unfit and unlikely to become fit in a 12 month period – referral to the Mental Health Review Tribunal Legislation Cited: Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1999 (NSW) Cases Cited: Kesavarajah v The Queen [1994] HCA 41; 181 CLR 230 Ngatayi v The Queen [1980] HCA 18; 147 CLR 1 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina (Crown) Lauren Jessie Ohlsen (Accused) Representation: Counsel: Mr M Hobart SC (Crown) Mr M Ramage QC (Accused)