R v O’Brien [2020] NSWDC 60

District Court New South Wales

Medium Neutral Citation: R v O'Brien [2020] NSWDC 60 Hearing dates: 16 December 2019 Date of orders: 11 March 2020 Decision date: 11 March 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: (1) I find that the accused Adam O'Brien is unfit to be tried for the offences.

(2) In accordance with section 14(a), Mental Health (Forensic Provisions) Act, I refer the matter to the Mental Health Review Tribunal.

(3) I direct the Registry to provide a copy of the reports of Dr Martin and Dr Ellis be provided to the Mental Health Review Tribunal together with a copy of my judgment.

(4) In accordance with section 14(b), Mental Health (Forensic Provisions) Act, the proceedings are adjourned to 11 June 2020 for mention. The accused is excused if legally represented. Catchwords: Fitness hearing - Presser test – agreement of experts Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Crimes Act 1900 Bail Act 2013 Cases Cited: R v Presser (1958) VR 45 Kesavarajah v R [1994] HCA 41; 181 CLR 245 Category: Procedural and other rulings Parties: Regina Adam O'Brien Representation: Counsel: Mr J Wilcher for Defence

Solicitors: Mr D Hoitink for the D.P.P File Number(s): 2017/00291372

Judgment 1. Adam O'Brien, the accused, has been charged with two offences of aggravated take and detain with intention of obtaining an advantage (section 86 (2)(a), Crimes Act).

Procedural History 1. On 31 January 2019 the accused appeared before Gosford District Court and was arraigned. The matter was listed for trial on 6 May 2019. 2. On 6 May 2019 his Honour Judge Wilson vacated the trial date on the basis that an issue had arisen in relation to the accused's fitness to be tried. 3. On 8 August 2019 the matter was stood over to 16 December 2019 for a fitness enquiry. 4. On 16 December 2019 the accused appeared before the Gosford District Court to determine the question of his fitness to be tried.