R v Cody Franklin [2019] NSWSC 1214

Supreme Court New South Wales

Medium Neutral Citation: R v Cody Franklin [2019] NSWSC 1214 Hearing dates: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) The accused, Cody Franklin, is unfit to be tried. (2) In accordance with s 14(a) of the Mental Health (Forensic Provisions) Act 1990, Mr Franklin is referred 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 and intentionally damaging property by fire – where parties agree the accused is unfit to be tried – active symptoms of severe mental illness – schizophrenia – schizoaffective disorder – thought disorder – treatment resistant – bizarre delusions – Christina Aguilera –significantly impaired capacity to participate in proceedings – unable to make a defence or answer to the charge – accused unfit to stand trial Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) ss 10, 14 Cases Cited: Kesavarajah v R (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Cody Franklin Representation: Counsel: L Shaw (Regina) I Nash (Mr Franklin)