Haddad v R (No 2) [2020] NSWCCA 44

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haddad v R (No 2) [2020] NSWCCA 44 Hearing dates: 10 March 2020 Date of orders: 10 March 2020 Decision date: 19 March 2020 Before: Meagher JA, Button J, Wilson J Decision: (1) Grant leave to the applicant, Mr Haddad, to appeal from the trial judge's order made on 9 March 2020 refusing to vacate the trial date to permit an inquiry into the question of his unfitness to be tried.

(2) Dismiss that appeal. Catchwords: CRIMINAL PROCEDURE – fitness inquiry – question of unfitness raised by self-represented accused at commencement of trial – District Court refused to order an inquiry – urgent application for leave to appeal under Criminal Appeal Act 1912 (NSW), s 5F – where finding that psychiatrist's opinion founded on accused's "pretended" presentation and history – where psychiatrist's report given little or no weight – whether trial judge erred in finding that question of unfitness not raised in good faith, engaging prohibition in Mental Health (Forensic Provisions) Act, s 10(2) – whether on evidence there was a real or substantial concern as to unfitness – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Criminal Code (Cth), ss 11.5, 307.11 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 5, 7, 9, 10 Cases Cited: Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 Maviglia v Maviglia [1999] NSWCA 188 Mega-Top Cargo Pty Ltd v Moneytech Services Pty Ltd [2015] NSWCA 402 R v Ford [2009] NSWCCA 306; (2009) 273 ALR 286 R v Mailes (2001) 53 NSWLR 251; [2001] NSWCCA 155 R v Tier [2001] NSWCCA 53; (2001) 121 A Crim R 509 Ratten v The Queen (1974) 131 CLR 510; [1974] HCA 35 Category: Principal judgment Parties: Tony Haddad (applicant) Regina (respondent) Representation: Counsel: