R v Griffiths [2016] NSWSC 1571

R v Griffiths [2016] NSWSC 1571

The accused was unfit to stand trial because the unanimous forensic psychiatric evidence showed that, due to symptoms of mental illness and thought disorder, he could not meaningfully follow the effect of evidence, decide on a defence, instruct counsel, or communicate his version of events, and therefore did not meet the Presser criteria.

Jurisdiction
Australia
Judgment Date
07 November 2016
Procedural Posture
Criminal Proceedings for Murder / Fitness to Stand Trial Inquiry
Outcome
The accused was found unfit to be tried for murder, the matter was referred to the Mental Health Review Tribunal, and the accused was remanded in custody pending further orders.
Legal Topics
['fitness to Be Tried' 'presser Criteria' 'referral to Mental Health Review Tribunal' 'remand in Custody']
['criminal Law' 'mental Health Law'] ['fitness to Be Tried' 'presser Criteria' 'referral to Mental Health Review Tribunal' 'remand in Custody']

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Procedural Posture

Criminal Proceedings for Murder / Fitness to Stand Trial Inquiry

Legal Issues

  1. 1 ['Whether the accused was fit to be tried for the offence of murder under the Presser criteria.' 'Whether, if found unfit, the matter should be referred to the Mental Health Review Tribunal under s 14 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

The accused was unfit to stand trial because the unanimous forensic psychiatric evidence showed that, due to symptoms of mental illness and thought disorder, he could not meaningfully follow the effect of evidence, decide on a defence, instruct counsel, or communicate his version of events, and therefore did not meet the Presser criteria.

Court Disposition

The accused was found unfit to be tried for murder, the matter was referred to the Mental Health Review Tribunal, and the accused was remanded in custody pending further orders.

Orders

  • ['I find that the accused, Brendan Troy Griffiths is unfit to be tried for the offence of murder.' 'In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990, I refer this matter to the Mental Health Review Tribunal.' 'Pursuant to s 14(b)(iii) or the Act, I remand the accused in custody, pending...