R v Tuki (No. 2) [2013] NSWSC 196

R v Tuki (No. 2) [2013] NSWSC 196

It is not practicable to delay the imminent trial of the co-accused pending the determination of Mr Tuki's fitness; the joint trial should proceed, and Mr Tuki's fitness inquiry should be listed and determined as soon as practicable but separately.

Parties
Crown: Regina; Accused: Ray Tuki
Jurisdiction
Australia
Judgment Date
11 March 2013
Procedural Posture
Criminal / Fitness Inquiry Adjournment
Outcome
Fitness inquiry adjourned; trial of co-accused to proceed; bail refused for Mr Tuki.
Legal Topics
Fitness to Be Tried, Procedure in Criminal Trials
Criminal Law Fitness to Be Tried Procedure in Criminal Trials

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Parties

Regina

Crown

Ray Tuki

Accused

Procedural Posture

Criminal / Fitness Inquiry Adjournment

Legal Issues

  1. 1 Whether the trial of co-accused should be delayed until fitness of accused determined
  2. 2 Timing of fitness inquiry following finding of fit by Mental Health Review Tribunal
  3. 3 Procedural requirements under Mental Health (Forensic Provisions) Act 1990

Ratio Decidendi

It is not practicable to delay the imminent trial of the co-accused pending the determination of Mr Tuki's fitness; the joint trial should proceed, and Mr Tuki's fitness inquiry should be listed and determined as soon as practicable but separately.

Court Disposition

Fitness inquiry adjourned; trial of co-accused to proceed; bail refused for Mr Tuki.

Orders

  • Joint trial of co-accused to proceed.
  • Fitness inquiry for Mr Tuki listed for 15 March 2013.