NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Choi [2020] NSWSC 496 Hearing dates: 05 May 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: The accused is fit to be tried. Catchwords: CRIMINAL PROCEDURE – mental health – fitness hearing – where report of forensic psychologist tendered – where plaintiff believes charges to be politically motivated – where plaintiff found fit to be tried – where plaintiff found fit to instruct counsel Legislation Cited: Autonomous Sanctions Act 2011 (Cth) Autonomous Sanctions Regulation 2011 (Cth) Charter of the United Nations Act 1945 (Cth) Charter of the United Nations (Sanctions – Democratic People's Republic of Korea) Regulations 2008 (Cth) Crimes Act 1914 (Cth) Mental Health (Forensic Provisions) Act 1990 (NSW) Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cth) Cases Cited: Berg v Director of Public Prosecutions [2016] 2 Qd R 248; [2015] QCA 196 Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Procedural rulings Parties: Regina (Crown) Chan Han Choi (Accused) Representation: Counsel: J Single SC with T Epstein (Crown) P Lange (Accused)
Solicitors: Office of the Commonwealth Director of Public Prosecutions (Crown) Just Defence Criminal and Family Lawyers (Accused) File Number(s): 2017/380546 Publication restriction: Nil
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