R v Wilkinson [2008] NSWSC 1237

R v Wilkinson [2008] NSWSC 1237

Having regard to the totality of the documentary evidence, including the current opinions of Dr Allnutt and Dr Nielssen and their consideration of the Presser test, the Court was satisfied on the balance of probabilities that the Accused was presently fit to be tried on the charges of murder and arson.

Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Criminal Proceeding Concerning Charges of Murder and Arson / Inquiry Into Fitness to Be Tried Under the Mental Health (criminal Procedure) Act 1990
Outcome
Accused is fit to be tried on the charges of murder and arson.
Legal Topics
['fitness to Be Tried' 'presser Test' 'murder' 'arson']
['criminal Law' 'mental Health and Criminal Procedure'] ['fitness to Be Tried' 'presser Test' 'murder' 'arson']

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Procedural Posture

Criminal Proceeding Concerning Charges of Murder and Arson / Inquiry Into Fitness to Be Tried Under the Mental Health (criminal Procedure) Act 1990

Legal Issues

  1. 1 ['Whether the Accused was fit to be tried for the alleged offences of murder and arson.']

Ratio Decidendi

Having regard to the totality of the documentary evidence, including the current opinions of Dr Allnutt and Dr Nielssen and their consideration of the Presser test, the Court was satisfied on the balance of probabilities that the Accused was presently fit to be tried on the charges of murder and arson.

Court Disposition

Accused is fit to be tried on the charges of murder and arson.

Orders

  • ['The Court found, for the purposes of ss.10(1), 13 and s.15(b) Mental Health (Criminal Procedure) Act 1990, that the Accused is fit to be tried on the charges of murder and arson.']