R v MB [2016] NSWSC 985

R v MB [2016] NSWSC 985

All expert evidence, including the recent reports of Professor Greenberg and Mr Sheehan, showed that the accused met each of the Presser criteria and was currently fit to stand trial. Conditional bail was justified because continued detention would prevent her from continuing her current mental health regime at the Bunya Unit, she had shown cause under s 16A of the Bail Act 2013, and she did not pose an unacceptable risk under s 19.

Jurisdiction
Australia
Judgment Date
11 July 2016
Procedural Posture
Criminal Fitness Hearing Concerning Charge of Murder / Further Inquiry Under S 29 of the Mental Health (forensic Provisions) Act 1990 After the Mental Health Review Tribunal Determined That the Accused Was Fit to Be Tried
Outcome
The accused was found fit to stand trial, the matter was stood over to the next arraignments list, conditional bail was granted, and a non-publication order was made in relation to the accused's name.
Legal Topics
['fitness to Stand Trial' 'presser Criteria' 'conditional Bail' 'show Cause Offence' 'non Publication Order']
['criminal Law' 'mental Health Law' 'bail'] ['fitness to Stand Trial' 'presser Criteria' 'conditional Bail' 'show Cause Offence' 'non Publication Order']

Case Brief

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Procedural Posture

Criminal Fitness Hearing Concerning Charge of Murder / Further Inquiry Under S 29 of the Mental Health (forensic Provisions) Act 1990 After the Mental Health Review Tribunal Determined That the Accused Was Fit to Be Tried

Legal Issues

  1. 1 ['Whether the accused was now fit to stand trial for murder' 'Whether the accused should be granted conditional bail after a finding of fitness' "Whether a non-publication order should be made in relation to the accused's name"]

Ratio Decidendi

All expert evidence, including the recent reports of Professor Greenberg and Mr Sheehan, showed that the accused met each of the Presser criteria and was currently fit to stand trial. Conditional bail was justified because continued detention would prevent her from continuing her current mental health regime at the Bunya Unit, she had shown cause under s 16A of the Bail Act 2013, and she did not pose an unacceptable risk under s 19.

Court Disposition

The accused was found fit to stand trial, the matter was stood over to the next arraignments list, conditional bail was granted, and a non-publication order was made in relation to the accused's name.

Orders

  • ['That the accused, MB, is now fit to stand trial' 'That the matter be stood over to the next arraignments list on 5 August 2016' 'That bail be allowed in the meantime, on the following conditions' 'That the applicant be of good behaviour' 'That she live at the Bunya Unit of Cumberland Hospital, 1/11 Hainsworth...