R v Billy Krey (No 2) [2020] NSWSC 199
Billy Krey is now fit to be tried, as the evidence from experts and Mental Health Review Tribunal shows improvement in his condition and engagement capacity, subject to the trial being conducted with regular breaks, support persons, and accommodations for his intellectual disability and memory impairments.
- Parties
- Prosecutor: Regina; Accused: Billy Krey
- Jurisdiction
- Australia
- Judgment Date
- 05 March 2020
- Procedural Posture
- Criminal / Fitness to Stand Trial Determination
- Outcome
- Billy Krey found fit to stand trial; matter listed for arraignment.
- Legal Topics
- Fitness to Stand Trial, Intellectual Disability, Presser Criteria, Substantial Impairment, Admissibility of Police Interviews
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Billy Krey
Accused
Procedural Posture
Criminal / Fitness to Stand Trial Determination
Legal Issues
- 1 Whether Billy Krey is fit to stand trial given intellectual disability and memory impairments
- 2 Application of the Presser criteria to Mr Krey's circumstances
- 3 Impact of improvements in Mr Krey's mental condition and support requirements
Ratio Decidendi
Billy Krey is now fit to be tried, as the evidence from experts and Mental Health Review Tribunal shows improvement in his condition and engagement capacity, subject to the trial being conducted with regular breaks, support persons, and accommodations for his intellectual disability and memory impairments.
Court Disposition
Billy Krey found fit to stand trial; matter listed for arraignment.
Orders
- Billy Krey is fit to be tried.
- Case listed in the arraignment list on 20 March 2020.
Full Case Text
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