R v Naden [2013] NSWSC 435

R v Naden [2013] NSWSC 435

Because both Dr Westmore and Professor Greenberg were of the opinion that the accused was now fit to be tried, and the Court was obliged by s 8(2) to determine whether an inquiry remained necessary, there was no longer any need for a fitness inquiry to be conducted.

Jurisdiction
Australia
Judgment Date
22 March 2013
Procedural Posture
Criminal Law Procedure; Fitness to Stand Trial / Pre Arraignment Determination Whether Fitness Inquiry Remained Necessary
Outcome
Inquiry into accused's fitness to stand trial no longer necessary.
Legal Topics
['fitness to Stand Trial' 'fitness Inquiry' 'mental Health (forensic Provisions) Act 1990 S 8']
['criminal Law' 'mental Health Law'] ['fitness to Stand Trial' 'fitness Inquiry' 'mental Health (forensic Provisions) Act 1990 S 8']

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Procedural Posture

Criminal Law Procedure; Fitness to Stand Trial / Pre Arraignment Determination Whether Fitness Inquiry Remained Necessary

Legal Issues

  1. 1 ["Whether there was no longer any need for an inquiry into the accused's unfitness to be tried."]

Ratio Decidendi

Because both Dr Westmore and Professor Greenberg were of the opinion that the accused was now fit to be tried, and the Court was obliged by s 8(2) to determine whether an inquiry remained necessary, there was no longer any need for a fitness inquiry to be conducted.

Court Disposition

Inquiry into accused's fitness to stand trial no longer necessary.

Orders

  • ["Determined that there is no longer any need for an inquiry into the accused's unfitness to be tried to be conducted."]