R v Pesamino [2019] NSWSC 1559

Supreme Court New South Wales

Medium Neutral Citation: R v Pesamino [2019] NSWSC 1559 Hearing dates: 4 November 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1900 (NSW) I refer Mr Pesamino to the Mental Health Review Tribunal. (2) I direct that Mr Pesamino be remanded in custody. (3) I direct that these proceedings be adjourned until the determination of the Mental Health Review Tribunal has been given effect. (4) I order that the matter be listed for mention only in the next arraignments list of the Court at 10am on Friday 6 December 2019. (5) I direct that the Registrar of the Court forward to the Mental Health Review Tribunal the exhibits tendered in these proceedings as well as the Transcript and this Judgment. Catchwords: MENTAL HEALTH — criminal proceedings — fitness to be tried — "Presser" principles — accused unfit to be tried Legislation Cited: Criminal Procedure Act 1986 (NSW), s 128(2) Mental Health (Forensic Provisions) Act 1990 (NSW), ss 5, 10, 11, 12, 13, 14, 16 Cases Cited: Eastman v R (2000) 203 CLR 1; [2000] HCA 29 Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina (Crown) Dick AJ Pesamino (Accused) Representation: Counsel: Mr A Robertson (Crown) Ms S Walsh (Accused)