R v Drummond-Murray [2018] NSWSC 1870

R v Drummond-Murray [2018] NSWSC 1870

The accused was unfit to stand trial because his chronic, treatment-resistant schizophrenia had not abated after years of supervised medication, he remained frankly delusional, those delusions informed fundamental decisions about the trial, the psychiatric evidence and the parties were in agreement, and two solicitors had found it impossible to obtain proper instructions. Although he could be helped to understand some basic roles in a trial, his mental illness made it impossible for him to provide instructions, understand the proceedings, give sensible evidence, and make fundamental decisions reserved to him.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Criminal Proceedings on Indictment; Fitness Inquiry / Fitness Hearing Before Plea or Trial
Outcome
The accused was found unfit to be tried and referred to the Mental Health Review Tribunal.
Legal Topics
['fitness to Be Tried' 'murder' 'mental Illness' 'schizophrenia' 'mental Health Review Tribunal Referral']
['criminal Law' 'mental Health and Forensic Procedure'] ['fitness to Be Tried' 'murder' 'mental Illness' 'schizophrenia' 'mental Health Review Tribunal Referral']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings on Indictment; Fitness Inquiry / Fitness Hearing Before Plea or Trial

Legal Issues

  1. 1 ["Whether there continued to be a bona fide question about the accused's fitness to stand trial." 'Whether the accused was unfit to be tried for the offences on the indictment.' 'Whether the accused should be referred to the Mental Health Review Tribunal under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW).']

Ratio Decidendi

The accused was unfit to stand trial because his chronic, treatment-resistant schizophrenia had not abated after years of supervised medication, he remained frankly delusional, those delusions informed fundamental decisions about the trial, the psychiatric evidence and the parties were in agreement, and two solicitors had found it impossible to obtain proper instructions. Although he could be helped to understand some basic roles in a trial, his mental illness made it impossible for him to provide instructions, understand the proceedings, give sensible evidence, and make fundamental decisions reserved to him.

Court Disposition

The accused was found unfit to be tried and referred to the Mental Health Review Tribunal.

Orders

  • ['I find the accused, Mr Matthew Drummond-Murray, unfit to be tried for the offences on the indictment with which he is charged.' 'Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW), I refer Mr Drummond-Murray to the Mental Health Review Tribunal.' 'I adjourn the proceedings before this Court...