R v Trinne [2023] NSWSC 1212

R v Trinne [2023] NSWSC 1212

Based on the uncontested and consistent evidence of two expert forensic psychiatrists, the Court was satisfied on the balance of probabilities that the accused is presently unfit to be tried, but may become fit within the following twelve months.

Jurisdiction
Australia
Judgment Date
09 October 2023
Procedural Posture
Criminal / Fitness to Be Tried Hearing Prior to Trial
Outcome
Accused found unfit to be tried. Proceedings adjourned and accused referred to Mental Health Review Tribunal.
Legal Topics
['fitness to Be Tried' 'murder' 'mental Health and Cognitive Impairment']
['criminal Law'] ['fitness to Be Tried' 'murder' 'mental Health and Cognitive Impairment']

Case Brief

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Procedural Posture

Criminal / Fitness to Be Tried Hearing Prior to Trial

Legal Issues

  1. 1 ['Whether the accused, Glenn Raymond Trinne, is fit to be tried for murder.']

Ratio Decidendi

Based on the uncontested and consistent evidence of two expert forensic psychiatrists, the Court was satisfied on the balance of probabilities that the accused is presently unfit to be tried, but may become fit within the following twelve months.

Court Disposition

Accused found unfit to be tried. Proceedings adjourned and accused referred to Mental Health Review Tribunal.

Orders

  • ['Pursuant to s 49(1) of the Act, the accused is referred to the Mental Health Review Tribunal for review.' 'Pursuant to s 47(2)(b) of the Act, the proceedings on indictment are adjourned pending the determination of the Tribunal.' 'Pursuant to s 47(2)(d), the accused be remanded in custody.' 'The exhibits tendered...