R v Whittall [2016] NSWSC 691

R v Whittall [2016] NSWSC 691

Medical evidence unanimously supported finding that the accused is presently unfit to be tried, and the Court accepted the concession by both parties and determined accordingly.

Parties
Prosecution: Regina; Accused: Laine Elizabeth Whittall
Jurisdiction
Australia
Judgment Date
30 May 2016
Procedural Posture
Criminal / Fitness Inquiry
Outcome
Accused unfit to be tried
Legal Topics
Fitness to Be Tried, Murder, Mental Health in Criminal Proceedings
Criminal Law Fitness to Be Tried Murder Mental Health in Criminal Proceedings

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Parties

Regina

Prosecution

Laine Elizabeth Whittall

Accused

Procedural Posture

Criminal / Fitness Inquiry

Legal Issues

  1. 1 Whether the accused is fit to be tried for the offence of murder

Ratio Decidendi

Medical evidence unanimously supported finding that the accused is presently unfit to be tried, and the Court accepted the concession by both parties and determined accordingly.

Court Disposition

Accused unfit to be tried

Orders

  • Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990, the accused, Laine Whittall, is found unfit to be tried for the offence of murder.
  • The matter is referred to the Mental Health Review Tribunal.