R v Stojic [2020] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: R v Stojic [2020] NSWSC 170 Hearing dates: 2 March 2020 Date of orders: 04 March 2020 Decision date: 04 March 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The Court finds the accused fit to be tried in respect of the offences, the subject of the indictment filed in Court on 2 March 2020.

(2) The proceedings are listed in the arraignments list before the Criminal List Judge on 6 March 2020, or such later date as the List Judge determines. Catchwords: CRIMINAL PROCEDURE – fitness to be tried – Mental Health Forensic Provisions Act 1990 s 8(1) fitness inquiry – whether the accused meets the Presser criteria – whether persecutory delusions and a schizoaffective disorder render the accused unfit to stand trial – accused fit to be tried Legislation Cited: Mental Health Forensic Provisions Act 1990 Cases Cited: Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45; (1958) ALR 248 R v Stojic [2018] NSWSC 1893 Category: Procedural and other rulings Parties: Regina Simon Slavko Stojic (Accused) Representation: Counsel: C Everson (Crown) B Clark (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Boyd House & Partners (Accused) File Number(s): 2017/231506

Judgment

Background 1. On 2 March 2020, I conducted an inquiry into the fitness to be tried of the accused, Mr Stojic. At this hearing, there was no dispute concerning the background or procedural history of the matter. There was also no significant dispute regarding the medical and other evidence as to the accused's mental state or abilities.