R v Dunn [2012] NSWSC 946

R v Dunn [2012] NSWSC 946

In light of unanimous psychiatric evidence and solicitor observations that the accused is currently fit to be tried, there is no longer any need for an inquiry as to fitness, and the statutory discretion under s.8(2) Mental Health (Forensic Provisions) Act 1990 should be exercised accordingly.

Jurisdiction
Australia
Judgment Date
13 August 2012
Procedural Posture
Criminal / Pre Trial, Inquiry as to Fitness to Be Tried
Outcome
Court determines there is no longer a need for an inquiry into fitness to be tried; matter listed for arraignment; bail refused.
Legal Topics
['fitness to Be Tried' 'mental Health and Criminal Law' 'pre Trial Procedure']
['criminal Law'] ['fitness to Be Tried' 'mental Health and Criminal Law' 'pre Trial Procedure']

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Procedural Posture

Criminal / Pre Trial, Inquiry as to Fitness to Be Tried

Legal Issues

  1. 1 ["Whether there remains a need for an inquiry into the accused's fitness to be tried in light of new psychiatric evidence"]

Ratio Decidendi

In light of unanimous psychiatric evidence and solicitor observations that the accused is currently fit to be tried, there is no longer any need for an inquiry as to fitness, and the statutory discretion under s.8(2) Mental Health (Forensic Provisions) Act 1990 should be exercised accordingly.

Court Disposition

Court determines there is no longer a need for an inquiry into fitness to be tried; matter listed for arraignment; bail refused.

Orders

  • ["Pursuant to s.8(2) Mental Health (Forensic Provisions) Act 1990, there is no longer any need for an inquiry into the accused's fitness to be tried." 'Proceedings to be placed in the Arraignments List on 7 September 2012 for fixing a trial date.' 'Bail is refused.']