R v Charles Robert Moyano [2015] NSWSC 1444

R v Charles Robert Moyano [2015] NSWSC 1444

The uncontradicted psychiatric evidence of Dr Martin and Dr Nielssen, supported by the solicitor's affidavit and Dr Martin's further evidence, showed that the accused suffered from mental illness, had disorganised thinking, could not meaningfully follow the proceedings or provide reliable instructions, and failed the Presser criteria other than awareness of the charge. With both Crown and defence agreeing, the Court was satisfied that the only appropriate finding was that the accused was unfit to be tried.

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Criminal Proceeding for Murder; Fitness to Be Tried Enquiry / Fitness to Be Tried Enquiry After Committal for Trial
Outcome
Accused found unfit to be tried and the matter referred to the Mental Health Review Tribunal; accused remanded in custody pending the Tribunal's determination.
Legal Topics
['fitness to Be Tried' 'murder' 'presser Principles' 'mental Health Review Tribunal Referral']
['criminal Law' 'mental Health Law'] ['fitness to Be Tried' 'murder' 'presser Principles' 'mental Health Review Tribunal Referral']

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Procedural Posture

Criminal Proceeding for Murder; Fitness to Be Tried Enquiry / Fitness to Be Tried Enquiry After Committal for Trial

Legal Issues

  1. 1 ['Whether Charles Robert Moyano was fit to be tried for the offence of murder of Keith William Lee on 5 December 2014.' "Whether the Presser principles were satisfied on the evidence concerning the accused's mental condition."]

Ratio Decidendi

The uncontradicted psychiatric evidence of Dr Martin and Dr Nielssen, supported by the solicitor's affidavit and Dr Martin's further evidence, showed that the accused suffered from mental illness, had disorganised thinking, could not meaningfully follow the proceedings or provide reliable instructions, and failed the Presser criteria other than awareness of the charge. With both Crown and defence agreeing, the Court was satisfied that the only appropriate finding was that the accused was unfit to be tried.

Court Disposition

Accused found unfit to be tried and the matter referred to the Mental Health Review Tribunal; accused remanded in custody pending the Tribunal's determination.

Orders

  • ['Pursuant to section 14 of the Mental Health (Forensic Provisions) Act 1990, the accused, Charles Robert Moyano, is formally found unfit to be tried for the offence of murder of Keith William Lee on 5 December 2014.' 'In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990, the matter is...