R v Grey (a pseudonym) [2021] NSWDC 719

R v Grey (a pseudonym) [2021] NSWDC 719

Both experts concluded that Mr Grey was presently unfit to be tried. Although Dr Furst considered that Mr Grey definitely would not become fit within 12 months, Professor Greenberg's evidence held out a realistic possibility, even if not a likelihood, that with appropriate treatment in a hospital setting Mr Grey could become fit within that period. The Court was therefore not satisfied that he will not become fit, and found on the balance of probabilities that he may become fit within 12 months.

Jurisdiction
Australia
Judgment Date
18 November 2021
Procedural Posture
Criminal Proceedings; Fitness to Be Tried Inquiry / Fitness Inquiry After Committal and Before Trial
Outcome
The accused is unfit to be tried, but may become fit to be tried within 12 months; he was remanded in custody and referred to the Mental Health Review Tribunal.
Legal Topics
['fitness to Be Tried' 'alleged Sexual Offending Against Children' 'cognitive Impairment' 'mental Health Impairment' 'referral to Mental Health Review Tribunal']
['criminal Law' 'mental Health and Cognitive Impairment Forensic Procedure'] ['fitness to Be Tried' 'alleged Sexual Offending Against Children' 'cognitive Impairment' 'mental Health Impairment' 'referral to Mental Health Review Tribunal']

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Procedural Posture

Criminal Proceedings; Fitness to Be Tried Inquiry / Fitness Inquiry After Committal and Before Trial

Legal Issues

  1. 1 ['Whether Mr Grey is unfit to be tried on the offences in indictment 7.6.' 'Whether, if unfit, Mr Grey may become fit to be tried within the next 12 months or will not become fit within that period.' 'Whether the matter should proceed to a special hearing or be referred to the Mental Health Review Tribunal.']

Ratio Decidendi

Both experts concluded that Mr Grey was presently unfit to be tried. Although Dr Furst considered that Mr Grey definitely would not become fit within 12 months, Professor Greenberg's evidence held out a realistic possibility, even if not a likelihood, that with appropriate treatment in a hospital setting Mr Grey could become fit within that period. The Court was therefore not satisfied that he will not become fit, and found on the balance of probabilities that he may become fit within 12 months.

Court Disposition

The accused is unfit to be tried, but may become fit to be tried within 12 months; he was remanded in custody and referred to the Mental Health Review Tribunal.

Orders

  • ['The accused Mr Grey is unfit to be tried on the offences the subject of indictment 7.6 filed against him in this Court.' 'Pursuant to s 47(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act, on the balance of probabilities, in the 12-month period from today he may become fit to be tried...