R v Wilson (No. 2) [2013] NSWSC 1288

R v Wilson (No. 2) [2013] NSWSC 1288

The unanimous psychiatric evidence of Professor Greenberg and Dr Nielssen established that Mr Wilson's paranoid psychotic symptoms, disjointed thoughts and delusional beliefs impaired his ability to appreciate the substantial effect of evidence and instruct legal counsel, so the Court was satisfied on the balance of probabilities that he was unfit to be tried. Because he had been detained as a remand prisoner or forensic patient for well in excess of 12 months, and no special hearing had been held, his case fell within s.30(2)(a) Mental Health (Forensic Provisions) Act 1990 and a special hearing was required.

Jurisdiction
Australia
Judgment Date
09 September 2013
Procedural Posture
Criminal Proceeding Involving Charges of Murder, Solicit to Murder and Commit Act Intending to Cause a Person to Give False Evidence / Inquiry Into Fitness to Be Tried Under S.29 Mental Health (forensic Provisions) Act 1990 After Referral Back From the Mental Health Review Tribunal
Outcome
Accused found unfit to be tried; special hearing directed; bail refused.
Legal Topics
['fitness to Be Tried' 'special Hearing' 'mental Health Review Tribunal Referral' 'forensic Patient' 'presser Test']
['criminal Law' 'mental Health and Forensic Procedure'] ['fitness to Be Tried' 'special Hearing' 'mental Health Review Tribunal Referral' 'forensic Patient' 'presser Test']

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Procedural Posture

Criminal Proceeding Involving Charges of Murder, Solicit to Murder and Commit Act Intending to Cause a Person to Give False Evidence / Inquiry Into Fitness to Be Tried Under S.29 Mental Health (forensic Provisions) Act 1990 After Referral Back From the Mental Health Review Tribunal

Legal Issues

  1. 1 ['Whether the Court was satisfied on the balance of probabilities that Joseph Rowan Wilson was unfit to be tried for the offences alleged against him.' 'Whether, following a finding of unfitness, s.30(2)(a) Mental Health (Forensic Provisions) Act 1990 required a special hearing because Mr Wilson had been detained as an inmate or forensic patient for not less than 12 months and no special hearing had been held.']

Ratio Decidendi

The unanimous psychiatric evidence of Professor Greenberg and Dr Nielssen established that Mr Wilson's paranoid psychotic symptoms, disjointed thoughts and delusional beliefs impaired his ability to appreciate the substantial effect of evidence and instruct legal counsel, so the Court was satisfied on the balance of probabilities that he was unfit to be tried. Because he had been detained as a remand prisoner or forensic patient for well in excess of 12 months, and no special hearing had been held, his case fell within s.30(2)(a) Mental Health (Forensic Provisions) Act 1990 and a special hearing was required.

Court Disposition

Accused found unfit to be tried; special hearing directed; bail refused.

Orders

  • ['Accused is unfit to be tried.' 'Direct that a special hearing be conducted in accordance with s.30(2)(a) Mental Health (Forensic Provisions) Act 1990.' 'Confirm the listing of the special hearing at the Supreme Court sitting at Nowra commencing on 4 November 2013.' 'Recommend that the treatment of Mr Wilson take...