R v Wilson [2012] NSWSC 1247

R v Wilson [2012] NSWSC 1247

Mr Wilson was presently unfit to be tried because the psychiatric evidence, particularly Dr Nielssen's revised opinion, showed that after stopping anti-psychotic medication he had experienced an exacerbation of chronic schizophrenic illness, lacked insight into his illness and need for treatment, and had delusional beliefs affecting his ability to provide reliable instructions. That evidence established changed circumstances sufficient to depart from the earlier finding of fitness, notwithstanding Mr Wilson's instruction that he wished to proceed.

Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Criminal Proceeding for Murder Involving Fitness to Be Tried / Inquiry Into Fitness to Be Tried Under S 9 of the Mental Health (forensic Provisions) Act 1990 Before Jury Empanelment
Outcome
Mr Wilson was found to be unfit to be tried and the proceedings were adjourned pending the Mental Health Review Tribunal's determination.
Legal Topics
['fitness to Be Tried' 'murder' 'mental Health Review Tribunal Referral' 'remand in Custody']
['criminal Law' 'mental Health Law'] ['fitness to Be Tried' 'murder' 'mental Health Review Tribunal Referral' 'remand in Custody']

Case Brief

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Procedural Posture

Criminal Proceeding for Murder Involving Fitness to Be Tried / Inquiry Into Fitness to Be Tried Under S 9 of the Mental Health (forensic Provisions) Act 1990 Before Jury Empanelment

Legal Issues

  1. 1 ['Whether Mr Wilson was presently fit to be tried for murder.' 'Whether the Court was required to conduct an inquiry into fitness to be tried under s 9 of the Mental Health (Forensic Provisions) Act 1990.' 'Whether the earlier finding that Mr Wilson was fit to be tried should be departed from in light of changed psychiatric evidence.']

Ratio Decidendi

Mr Wilson was presently unfit to be tried because the psychiatric evidence, particularly Dr Nielssen's revised opinion, showed that after stopping anti-psychotic medication he had experienced an exacerbation of chronic schizophrenic illness, lacked insight into his illness and need for treatment, and had delusional beliefs affecting his ability to provide reliable instructions. That evidence established changed circumstances sufficient to depart from the earlier finding of fitness, notwithstanding Mr Wilson's instruction that he wished to proceed.

Court Disposition

Mr Wilson was found to be unfit to be tried and the proceedings were adjourned pending the Mental Health Review Tribunal's determination.

Orders

  • ['Mr Wilson is referred to the Mental Health Review Tribunal.' "These proceedings are adjourned pending the Tribunal's determination under s16 of the Act." 'Mr Wilson is remanded in custody until the determination of the Tribunal has been given effect.']