REGINA v Saverio QUATTRONE [2001] NSWSC 856

REGINA v Saverio QUATTRONE [2001] NSWSC 856

Because the unchallenged opinions of Dr Neilssen and Dr Westmore established on the balance of probabilities that the accused's organic or toxic brain damage and cognitive impairment meant he could not understand or retain information about the proceedings, follow the trial, give instructions or give evidence, the accused was unfit to be tried for murder and should be referred to the Mental Health Review Tribunal. His conditional bail was continued because he had remained on bail, did not pose a risk to the community, and institutional admission was unlikely to improve his condition and likely to worsen disorientation and distress.

Jurisdiction
Australia
Judgment Date
24 September 2001
Procedural Posture
Criminal Fitness for Trial Inquiry / Inquiry Pursuant to S 10 of the Mental Health (criminal Procedure) Act 1990 (nsw) Before Trial
Outcome
Accused found unfit to be tried, referred to the Mental Health Review Tribunal, and present conditional bail continued.
Legal Topics
['fitness for Trial' 'judge Alone Determination of Fitness' 'mental Health Review Tribunal Referral' 'continuation of Conditional Bail']
['criminal Law' 'mental Health Law' 'bail'] ['fitness for Trial' 'judge Alone Determination of Fitness' 'mental Health Review Tribunal Referral' 'continuation of Conditional Bail']

Case Brief

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Procedural Posture

Criminal Fitness for Trial Inquiry / Inquiry Pursuant to S 10 of the Mental Health (criminal Procedure) Act 1990 (nsw) Before Trial

Legal Issues

  1. 1 ['Whether the accused was capable of electing under s 11A(1) of the Mental Health (Criminal Procedure) Act 1990 (NSW) for the question of unfitness to be tried to be determined by judge alone.' 'Whether the accused was unfit to be tried for murder.' 'Whether the accused should be referred to the Mental Health Review Tribunal.' "Whether the accused's conditional bail should be continued."]

Ratio Decidendi

Because the unchallenged opinions of Dr Neilssen and Dr Westmore established on the balance of probabilities that the accused's organic or toxic brain damage and cognitive impairment meant he could not understand or retain information about the proceedings, follow the trial, give instructions or give evidence, the accused was unfit to be tried for murder and should be referred to the Mental Health Review Tribunal. His conditional bail was continued because he had remained on bail, did not pose a risk to the community, and institutional admission was unlikely to improve his condition and likely to worsen disorientation and distress.

Court Disposition

Accused found unfit to be tried, referred to the Mental Health Review Tribunal, and present conditional bail continued.

Orders

  • ['Saverio Quattrone is referred to the Mental Health Review Tribunal, he being unfit to be tried upon a charge that on 18 May 1999 at Bossley Park in the state of New South Wales he did murder Natalina Quattrone.' "The accused's present conditional bail is continued."]