R v Drummond-Murray [2018] NSWSC 1870

Supreme Court New South Wales

Medium Neutral Citation: R v Drummond-Murray [2018] NSWSC 1870 Hearing dates: 05 December 2018 Decision date: 06 December 2018 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) I find the accused, Mr Matthew Drummond-Murray, unfit to be tried for the offences on the indictment with which he is charged. (2) Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW), I refer Mr Drummond-Murray to the Mental Health Review Tribunal. (3) I adjourn the proceedings before this Court and remand Mr Drummond-Murray in custody until the determination of the Tribunal has been given effect. (4) The matter is listed for mention only in the next arraignments list of this Court at 10 am on 8 February 2019. (5) I direct the Registrar of the Court to forward to the Registrar of the Mental Health Review Tribunal: (a) The exhibits tendered before me; (b) A transcript of the hearing of 5 December 2018; and (c) A copy of this judgment. Catchwords: CRIMINAL LAW – count of murder – issue of fitness of accused to be tried – inquiry held – diagnosis of chronic schizophrenia and substance use disorder – resistant to medication over several years – unanimous evidence of psychiatrists – evidence from two defence solicitors – discussion of aspects of question of fitness – finding of unfitness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina (Crown) Matthew Drummond-Murray (Accused) Representation: Counsel: A Robertson (Crown) L Brasch (Accused)