R v Wright [2020] NSWDC 162

District Court New South Wales

Medium Neutral Citation: R v Wright [2020] NSWDC 162 Hearing dates: 28 April 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: (1) I find that the accused Matthew Wright 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 that the Registry provide a copy of the reports of Dr Chew and Dr Pulman to the Mental Health Review Tribunal together with a copy of my judgment.

(4) In accordance with section 14(b) (i) and (iii), Mental Health (Forensic Provisions) Act, the proceedings are adjourned to 28 May 2020 for mention and the accused is remanded in custody. Catchwords: CRIMINAL - Fitness hearing - Presser test - agreement of experts Legislation Cited: Crimes Act, 1900 Mental Health (Forensic Provisions ) Act, 1990 Cases Cited: Kesavarajah v R [1994] HCA 41; 181 CLR 245. R v Presser (1958) VR 45 Category: Principal judgment Parties: Regina (Crown) Matthew Wright (Accused) Representation: Mr R Bucksath (Crown) Mr B Pierce (Accused) File Number(s): 2018/281282 and 2019/932940

Judgment 1. Matthew Wright, the accused, has been charged with the following four offences: 1. Armed robbery (dangerous weapon) section 97(2), Crimes Act (date of offence 11 September 2018). 2. Aggravated break, enter and commit serious indictable offence (larceny)(section 112(2), Crimes Act (date of offence 12 September 2018) 3. Aggravated break, enter and commit serious indictable offence (larceny)(section 112(2), Crimes Act (date of offence 12 September 2018) 4. Aggravated break, enter and commit serious indictable offence (intimidation)(section 112(2), Crimes Act) (date of offence 13 September 2018). 1. The indictments have been filed but the accused as not been arraigned in circumstances where the question of his fitness to be tried has been raised. 2. The matter was listed before Gosford District Court on 28 April 2020 for a fitness inquiry.