R v Threlfo [2019] NSWDC 276

District Court New South Wales

Medium Neutral Citation: R v Threlfo [2019] NSWDC 276 Hearing dates: 7 May 2019 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Pursuant to s 13 of the Mental Health (Forensic Provisions) Act I find the accused fit to be tried and the matter is to be fixed for trial Catchwords: Criminal - fitness to stand trial Presser criteria - where accused unrepresented at fitness hearing Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Crimes Act 1900 Cases Cited: R v Presser [1958] VR 45 R v Kesavarajah (1994) 181 CLR 245 Category: Procedural and other rulings Parties: Regina (Crown) Jamie Aarron Threlfo (the Accused) Representation: Solicitors: Mr D Hoitink for the Crown

Mr Threlfo in person File Number(s): 2017/00214872 Publication restriction: Nil

JUDGMENT – Fitness hearing 1. Jamie Aarron Threlfo, the accused, is charged with an offence of aggravated break, enter and commit serious indictable offence, larceny, pursuant to s 112(2), Crimes Act.

Procedural History 1. The accused appeared unrepresented for trial at the Gosford District Court on 11 March 2019. He was arraigned and pleaded not guilty. The indictment was in the following terms. "On 23 May 2017 at Tuggerah in the State of New South Wales did break and enter the dwelling house of Vikash Singh at 71 Lake Road, Tuggerah and in the said dwelling house did commit a serious indictable offence therein namely larceny in circumstances of aggravation, namely he was armed with an offensive weapon." 1. No jury was empanelled. The accused made an application to vacate the trial date. After hearing submissions Wilson J was of the view that an issue had been raised in relation to the accused's fitness pursuant to s 5 of the Mental (Forensic Provisions) Act. 2. His Honour noted that the accused had consented to being examined by a Crown appointed psychiatrist who would provide a report to the court. The matter was stood over for mention on Tuesday 7 May 2019 at which time further orders were to be made in relation to the future conduct of the hearing. 3. Arrangements were subsequently made for the accused to be examined by Dr Adam Martin, forensic psychologist, qualified on behalf of the Crown. 4. On 7 May 2019 the matter was listed for mention before the Gosford District Court. The accused appeared unrepresented. The Crown advised the court that a report had been obtained from Dr Martin dated 24 April 2019. The matter was the stood down for a fitness hearing to proceed.