R v Graf [2019] NSWSC 1767

Supreme Court New South Wales

Medium Neutral Citation: R v Graf [2019] NSWSC 1767 Hearing dates: 9 December 2019 Date of orders: 09 December 2019 Decision date: 09 December 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 until he is released to bail or otherwise 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 this 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. (5) I direct that Corrective Services do not remove Mr Graf from the AVL facilities until he is spoken to by his lawyers. Catchwords: CRIMINAL LAW – murder – fitness to stand trial – treatment resistant schizophrenia – Presser test – relevant criteria – delusional thoughts – disordered speech – whimsicalised – sexual genome castrated – where accused's fitness changed over time – unanimous opinion of experts – inability to focus on evidence – inability to instruct counsel – inability to present defence Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 5 - 16. Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Billy Krey [2019] NSWSC 762 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina James Graf Representation: Counsel: S Hughes (Regina) I Nash (James Graf)