R v Stojic [2020] NSWSC 170

R v Stojic [2020] NSWSC 170

On the balance of probabilities, applying the Presser criteria and relevant statutory provisions, the accused was fit to be tried because the recent psychiatric evidence, the Mental Health Review Tribunal material, and the position of both parties showed that his residual delusional beliefs had reduced sufficiently and did not presently prevent him from understanding the charges and proceedings, entering a plea, exercising rights, following the trial, understanding evidence, or instructing counsel.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Criminal Fitness Inquiry / Before Arraignment; Inquiry Under Ss 8(1) and 10 of the Mental Health (forensic Provisions) Act 1990 (nsw)
Outcome
The accused was found fit to be tried and the proceedings were to continue.
Legal Topics
['fitness to Be Tried' 'presser Criteria' 'mental Health Review Tribunal Determinations' 'delusional Disorder' 'schizoaffective Disorder' 'murder, Firearms and Prohibited Weapons Charges']
['criminal Procedure' 'mental Health Law'] ['fitness to Be Tried' 'presser Criteria' 'mental Health Review Tribunal Determinations' 'delusional Disorder' 'schizoaffective Disorder' 'murder, Firearms and Prohibited Weapons Charges']

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Procedural Posture

Criminal Fitness Inquiry / Before Arraignment; Inquiry Under Ss 8(1) and 10 of the Mental Health (forensic Provisions) Act 1990 (nsw)

Legal Issues

  1. 1 ['Whether the accused was fit to be tried for the offences the subject of the indictment filed on 2 March 2020.' "Whether the accused's persecutory or residual delusional beliefs and diagnosed mental illness impaired his capacity to satisfy the Presser criteria." 'Whether the psychiatric evidence and other material established on the balance of probabilities that the accused could understand the charges, plead, follow proceedings, understand evidence, and instruct counsel.']

Ratio Decidendi

On the balance of probabilities, applying the Presser criteria and relevant statutory provisions, the accused was fit to be tried because the recent psychiatric evidence, the Mental Health Review Tribunal material, and the position of both parties showed that his residual delusional beliefs had reduced sufficiently and did not presently prevent him from understanding the charges and proceedings, entering a plea, exercising rights, following the trial, understanding evidence, or instructing counsel.

Court Disposition

The accused was found fit to be tried and the proceedings were to continue.

Orders

  • ['The Court finds the accused fit to be tried in respect of the offences, the subject of the indictment filed in Court on 2 March 2020.' 'The proceedings are listed in the arraignments list before the Criminal List Judge on 6 March 2020, or such later date as the List Judge determines.']