R v Blackman [2016] NSWSC 1579

R v Blackman [2016] NSWSC 1579

The Court accepted the common position of the parties and the expert evidence that Mr Blackman had suffered brain damage and mental disorders, at least in part from long-term alcohol abuse. Although he had sufficient capacity to plead not guilty, his current diminished capacity and limited prospects of improvement meant there was no rational basis to conclude that, at trial, he would be able to follow the proceedings, understand the substantial effect of evidence, make his defence, or answer the charges by giving instructions to counsel. He was therefore currently unfit to be tried and s 14 orders were required.

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Criminal Proceedings for Murder and Related Offences; Fitness Inquiry Under S 9 of the Mental Health (forensic Provisions) Act 1990 (nsw) / Principal Judgment After Fitness Inquiry; Orders Made Under S 14 of the Mental Health (forensic Provisions) Act 1990 (nsw)
Outcome
Gary Clifford Blackman was found currently unfit to be tried and was referred to the Mental Health Review Tribunal; he was remanded in custody pending further orders.
Legal Topics
['fitness to Be Tried' 'murder' 'unlawful Killing' 'grievous Bodily Harm With Intent' 'presser and Kesavarajah Principles' 'mental Health Review Tribunal']
['criminal Law' 'mental Health and Forensic Procedure'] ['fitness to Be Tried' 'murder' 'unlawful Killing' 'grievous Bodily Harm With Intent' 'presser and Kesavarajah Principles' 'mental Health Review Tribunal']

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Procedural Posture

Criminal Proceedings for Murder and Related Offences; Fitness Inquiry Under S 9 of the Mental Health (forensic Provisions) Act 1990 (nsw) / Principal Judgment After Fitness Inquiry; Orders Made Under S 14 of the Mental Health (forensic Provisions) Act 1990 (nsw)

Legal Issues

  1. 1 ['Whether Gary Clifford Blackman was fit to be tried for the offences charged.' 'Whether the evidence of brain damage, neurocognitive impairment and mental disorders meant that Mr Blackman could follow the proceedings, understand the substantial effect of evidence, make his defence and instruct counsel.' 'Whether orders under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW) should be made.']

Ratio Decidendi

The Court accepted the common position of the parties and the expert evidence that Mr Blackman had suffered brain damage and mental disorders, at least in part from long-term alcohol abuse. Although he had sufficient capacity to plead not guilty, his current diminished capacity and limited prospects of improvement meant there was no rational basis to conclude that, at trial, he would be able to follow the proceedings, understand the substantial effect of evidence, make his defence, or answer the charges by giving instructions to counsel. He was therefore currently unfit to be tried and s 14 orders were required.

Court Disposition

Gary Clifford Blackman was found currently unfit to be tried and was referred to the Mental Health Review Tribunal; he was remanded in custody pending further orders.

Orders

  • ['The accused Gary Clifford Blackman is currently unfit to be tried for the offences he has been charged with, of murdering Nicole Weate at Tomewin between 2 and 6 April 2014, the offence under s 18(1)(b) of the Crimes Act 1900 (NSW) of unlawfully killing Ms Weate and under s 33(1)(b) of the Crimes Act of causing...