R v Pesamino [2019] NSWSC 1559

R v Pesamino [2019] NSWSC 1559

Mr Pesamino was suffering from paranoid schizophrenia aggravated by chronic substance abuse disorder. Although he may have had limited understanding of some matters, his condition meant he remained confused about the nature of the charges, his capacity to plead was at best questionable, he would not be able to follow the course of proceedings or understand the substantial effect of the evidence, and he could not properly prepare a defence or give appropriate instructions to counsel. Applying the Presser standards, he was unfit to stand trial, so the proceedings could not continue and he had to be referred to the Mental Health Review Tribunal under s 14 of the Act.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal Proceedings; Inquiry Into Fitness to Be Tried Under Part 2 of the Mental Health (forensic Provisions) Act 1990 (nsw) / After Committal for Trial, Before Trial; Fitness to Be Tried Raised by the Accused and Inquiry Ordered
Outcome
Mr Pesamino was found unfit to stand trial and referred to the Mental Health Review Tribunal.
Legal Topics
['fitness to Be Tried' 'presser Principles' 'mental Illness in Criminal Proceedings' 'referral to Mental Health Review Tribunal']
['criminal Law' 'mental Health Law'] ['fitness to Be Tried' 'presser Principles' 'mental Illness in Criminal Proceedings' 'referral to Mental Health Review Tribunal']

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Procedural Posture

Criminal Proceedings; Inquiry Into Fitness to Be Tried Under Part 2 of the Mental Health (forensic Provisions) Act 1990 (nsw) / After Committal for Trial, Before Trial; Fitness to Be Tried Raised by the Accused and Inquiry Ordered

Legal Issues

  1. 1 ['Whether Mr Pesamino was unfit to be tried for the offences with which he was charged.' 'Whether, if found unfit, the proceedings should be referred to the Mental Health Review Tribunal under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW).']

Ratio Decidendi

Mr Pesamino was suffering from paranoid schizophrenia aggravated by chronic substance abuse disorder. Although he may have had limited understanding of some matters, his condition meant he remained confused about the nature of the charges, his capacity to plead was at best questionable, he would not be able to follow the course of proceedings or understand the substantial effect of the evidence, and he could not properly prepare a defence or give appropriate instructions to counsel. Applying the Presser standards, he was unfit to stand trial, so the proceedings could not continue and he had to be referred to the Mental Health Review Tribunal under s 14 of the Act.

Court Disposition

Mr Pesamino was found unfit to stand trial and referred to the Mental Health Review Tribunal.

Orders

  • ['Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1900 (NSW) I refer Mr Pesamino to the Mental Health Review Tribunal.' 'I direct that Mr Pesamino be remanded in custody.' 'I direct that these proceedings be adjourned until the determination of the Mental Health Review Tribunal has been given...