R v Billy Krey [2019] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: R v Billy Krey [2019] NSWSC 762 Hearing dates: 20 – 22 May 2019 Decision date: 21 June 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) The accused is unfit to be tried. (2) In accordance with s 14(a) of the Mental Health (Forensic Provisions) Act 1990, I refer the matter to the Mental Health Review Tribunal. (3) In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990, I remand the accused in custody until the determination of the Tribunal pursuant to s 16 of the Act or he is released to bail or in accordance with the law. (4) I direct the Registrar of the Supreme Court to provide the following documentation to the Tribunal within 21 days: (a) A copy of my findings and judgment. (b) A copy of the orders which I have made. (c) A copy of the transcript of the proceedings. (d) A copy of the exhibits in the proceedings. Catchwords: CRIMINAL LAW – fitness to stand trial – Presser test – accused charged with murder – intellectual disability – verbal land memory functions impaired – conflict between experts as to fitness – whether accused able to follow trial - whether able to give instructions – where prosecutor accepts open to find accused unfit – foetal alcohol syndrome – abuse and neglect – impact on neurological development – where accused has language skills of 7 year old – inconsistency in test results – whether accused fit to stand trial – he isn't Legislation Cited: Mental Health (Forensic Provisions) Act 1990) (NSW), ss 5 - 16 and 33 Cases Cited: Kesavarajah v The Queen [1994] 181 CLR 230 R v Bugmy [2009] NSWSC 1215 R v Bugmy [2010] NSWSC 1473 R v Presser [1958] VR 45 R v Qaumi & Ors (No 56) [2016] NSWSC 1130 R v Tarantello [2010] NSWSC 469 Robinson v R [2008] NSWCCA 64 Category: Principal judgment Parties: Regina Billy Krey Representation: Counsel: L Lungo (Regina) G Scragg (Billy Krey)