R v Billy Krey [2019] NSWSC 762

R v Billy Krey [2019] NSWSC 762

On the balance of probabilities, Billy Krey was unfit to stand trial because his intellectual, language and verbal memory impairments meant he would be unable to follow the evidence and trial process in any meaningful way, would not understand more complex evidence and its implications, would not retain evidence he did understand for long enough to participate, and would not be able to provide instructions during the trial if variations or complexities arose; no practical procedures could alleviate those difficulties.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Proceeding; Murder Charge; Fitness to Stand Trial Inquiry / Fitness Hearing Before Trial
Outcome
The accused was found unfit to be tried and the matter was referred to the Mental Health Review Tribunal.
Legal Topics
['fitness to Stand Trial' 'presser Test' 'murder' 'intellectual Disability' 'mental Health Review Tribunal Referral']
['criminal Law' 'mental Health Law'] ['fitness to Stand Trial' 'presser Test' 'murder' 'intellectual Disability' 'mental Health Review Tribunal Referral']

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Procedural Posture

Criminal Proceeding; Murder Charge; Fitness to Stand Trial Inquiry / Fitness Hearing Before Trial

Legal Issues

  1. 1 ['Whether Billy Krey was fit to be tried for murder.' 'Whether the accused could follow the course of the proceedings, understand the substantial effect of evidence, give instructions and make his defence despite intellectual and language impairments.' 'What orders should be made under the Mental Health (Forensic Provisions) Act 1990 following a finding of unfitness.']

Ratio Decidendi

On the balance of probabilities, Billy Krey was unfit to stand trial because his intellectual, language and verbal memory impairments meant he would be unable to follow the evidence and trial process in any meaningful way, would not understand more complex evidence and its implications, would not retain evidence he did understand for long enough to participate, and would not be able to provide instructions during the trial if variations or complexities arose; no practical procedures could alleviate those difficulties.

Court Disposition

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

Orders

  • ['The accused is unfit to be tried.' 'In accordance with s 14(a) of the Mental Health (Forensic Provisions) Act 1990, I refer the matter to the Mental Health Review Tribunal.' 'In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990, I remand the accused in custody until the determination...