R v Stojic [2018] NSWSC 1893

Supreme Court New South Wales

Medium Neutral Citation: R v Stojic [2018] NSWSC 1893 Hearing dates: 30 November 2018 Date of orders: 30 November 2018 Decision date: 07 November 2018 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) In accordance with s 14(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW), the matter is referred to the Mental Health Review Tribunal.

(2) In accordance with s 14(b)(iii) of the Act, the accused in remanded in custody until the determination of the Mental Health Review Tribunal pursuant to s 16 of the Act.

(3) The Registrar of the Supreme Court is directed to provide the following documentation to the Mental Health Review Tribunal within 14 days: (a) A copy of the finding and reasons; (b) A copy of the orders made; (c) A copy of the transcript of the proceedings; (d) A copy of the psychiatric reports (e) A copy of the Crown Case Statement. Catchwords: CRIME – murder charge – fitness to stand trial – consideration of the Presser criteria – psychiatrists in agreement on unfitness – held unfit to be tried – referred to Mental Health Review Tribunal Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 8, 10, 11, 12, 14. Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina (Crown) Simon Slavko Stojic (Accused) Representation: Counsel: R Cooley (Crown) B Clark (Accused)