COLES ats REGINA [2008] NSWSC 672

COLES ats REGINA [2008] NSWSC 672

In light of psychiatric assessments and unanimous opinion that the accused currently meets the criteria for fitness to stand trial, there is no longer any need for a fitness inquiry to be conducted under s 8(2) of the Mental Health (Criminal Procedure) Act 1990.

Jurisdiction
Australia
Judgment Date
02 July 2008
Procedural Posture
Criminal / Pre Trial Directions Hearing / Fitness for Trial Inquiry
Outcome
Fitness for trial inquiry not needed
Legal Topics
['fitness for Trial' 'psychiatric Assessment' 'procedural Rulings']
['criminal Law' 'mental Health Law'] ['fitness for Trial' 'psychiatric Assessment' 'procedural Rulings']

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Procedural Posture

Criminal / Pre Trial Directions Hearing / Fitness for Trial Inquiry

Legal Issues

  1. 1 ['Whether a fitness for trial inquiry is required under the Mental Health (Criminal Procedure) Act 1990']

Ratio Decidendi

In light of psychiatric assessments and unanimous opinion that the accused currently meets the criteria for fitness to stand trial, there is no longer any need for a fitness inquiry to be conducted under s 8(2) of the Mental Health (Criminal Procedure) Act 1990.

Court Disposition

Fitness for trial inquiry not needed

Orders

  • ['No further inquiry required under s 8(2) Mental Health (Criminal Procedure) Act 1990']