R v Richard (a pseudonym) [2019] NSWDC 272

District Court New South Wales

Medium Neutral Citation: R v Richard (a pseudonym) [2019] NSWDC 272 Hearing dates: 21 May 2019, 29 May 2019 Decision date: 20 June 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Referral to Mental Health Review Tribunal Catchwords: PROCEDURAL RULING – Fitness to stand trial - intellectual disability – child – serious sexual offences – fitness issue properly raised – referral to Mental Health Review Tribunal – criteria – accused unfit. EVIDENCE – Expert evidence – fitness to stand trial – uniform opinion that accused is unfit. Legislation Cited: Children (Criminal Proceedings) Act 1987 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230 Ngatayi v The Queen (1980) 147 CLR 1 R v Andrew [No 1] [2018] NSWDC 381 R v Presser (1958) VR 45 Category: Procedural and other rulings Parties: Richard (the accused) Director of Public Prosecutions Representation: Counsel: Ms C Doosey (for the accused)

Solicitors: Legal Aid, NSW (for the accused) Ms G Steedman (for the Director of Public Prosecutions) File Number(s): 2018/00003016 Publication restriction: No publication any information that might identify a child. Defendant to be referred to by a pseudonym.

Judgment 1. In any published version of this judgement (other than to the parties or for use in other courts or the Mental Health Review Tribunal) a pseudonym 'Richard' will be used for the name of the accused, who was at the relevant times was a child. 2. Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of any child. 3. Identifying information has not been removed from this version of the judgment to comply with the statute.