R v Billy Krey (No 2) [2020] NSWSC 199

Supreme Court New South Wales

Medium Neutral Citation: R v Billy Krey (No 2) [2020] NSWSC 199 Hearing dates: 4 - 5 March 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) Billy Krey is fit to be tried. (2) Case listed in the arraignment list on 20 March 2020. (3) Recommend the accused remain in the Hamden area of the MRRC for the period of his remand. (4) Insofar as the Court can accommodate it, recommend the trial be listed with priority. (5) Strongly recommend Legal Aid to consider favourably any application for substantially increased preparation time. (6) Recommend the Court make arrangements for "real time" transcript. Catchwords: CRIMINAL LAW – fitness to stand trial – accused charged with murder – intellectual disability – where accused previously found unfit to be tried – where Mental Health Review Tribunal finds accused to be fit with "considerable reservations" – change in accused's condition – change in medication – revised opinions of experts – substantial impairment in delayed memory recall – Presser criteria – need for trial to be conducted to take into account accused's condition – accused's ability to exercise peremptory challenges – extent to which criterion relevant – selection of jury – forensic choices and wild guesses – compassionate and empathetic solicitor Legislation Cited: Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Billy Krey [2019] NSWSC 762 R v Lelikan [2018] NSWSC 1933 R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Billy Krey Representation: Counsel: L. Lungo (Regina) G. Scragg (Billy Krey)