R v Tarantello [2010] NSWSC 469

R v Tarantello [2010] NSWSC 469

Applying the Presser criteria and having regard to the psychiatric opinions of Dr Nielssen and Professor Greenberg, together with the Court's observations of the Accused, the Court found on the balance of probabilities that the Accused's mental illness prevented him from adequately following proceedings, understanding legal advice, providing reliable instructions, exercising trial rights and making his defence, so he was unfit to be tried for murder.

Jurisdiction
Australia
Judgment Date
25 May 2010
Procedural Posture
Criminal Proceeding Concerning a Charge of Murder Contrary to S 19 a of the Crimes Act 1900 (nsw) / Enquiry Under the Mental Health (forensic Provisions) Act 1990 as to Whether the Accused Was Unfit to Be Tried
Outcome
The Accused was found unfit to be tried for the offence of murder, the matter was referred to the Mental Health Review Tribunal, and the Accused was remanded in custody pending the Tribunal's determination.
Legal Topics
['fitness to Be Tried' 'fitness to Plead' 'murder' 'schizophrenia' 'mental Health Review Tribunal Referral']
['criminal Law' 'mental Health Law' 'criminal Procedure'] ['fitness to Be Tried' 'fitness to Plead' 'murder' 'schizophrenia' 'mental Health Review Tribunal Referral']

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Procedural Posture

Criminal Proceeding Concerning a Charge of Murder Contrary to S 19 a of the Crimes Act 1900 (nsw) / Enquiry Under the Mental Health (forensic Provisions) Act 1990 as to Whether the Accused Was Unfit to Be Tried

Legal Issues

  1. 1 ['Whether Giuseppe Tarantello was unfit to be tried for the offence of murder.' 'Whether the Accused could satisfy the criteria for fitness to be tried stated in R v Presser and subsequent authorities.']

Ratio Decidendi

Applying the Presser criteria and having regard to the psychiatric opinions of Dr Nielssen and Professor Greenberg, together with the Court's observations of the Accused, the Court found on the balance of probabilities that the Accused's mental illness prevented him from adequately following proceedings, understanding legal advice, providing reliable instructions, exercising trial rights and making his defence, so he was unfit to be tried for murder.

Court Disposition

The Accused was found unfit to be tried for the offence of murder, the matter was referred to the Mental Health Review Tribunal, and the Accused was remanded in custody pending the Tribunal's determination.

Orders

  • ['I find that the Accused Giuseppe Tarantello is unfit to be tried for the offence of the murder of Francesco Amore on 13 May 2009.' '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) of that Act, I remand...