R v Bartley [2017] NSWDC 384

R v Bartley [2017] NSWDC 384

On the balance of probabilities, despite her significant mental illness and some limitations, Tumi Bartley satisfies the Presser tests and retains the necessary capacity to follow proceedings and instruct her lawyers such that she is fit to be tried, subject to accommodations such as frequent breaks.

Parties
Prosecution: The Crown; Accused: Tumi Bartley
Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Criminal / Fitness Hearing
Outcome
The accused is found fit to be tried
Legal Topics
Fitness to Stand Trial, Presser Test, Mental Illness in Criminal Proceedings
Criminal Law Fitness to Stand Trial Presser Test Mental Illness in Criminal Proceedings

Case Brief

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Parties

The Crown

Prosecution

Tumi Bartley

Accused

Procedural Posture

Criminal / Fitness Hearing

Legal Issues

  1. 1 Whether Tumi Bartley is fit to be tried despite significant mental illness

Ratio Decidendi

On the balance of probabilities, despite her significant mental illness and some limitations, Tumi Bartley satisfies the Presser tests and retains the necessary capacity to follow proceedings and instruct her lawyers such that she is fit to be tried, subject to accommodations such as frequent breaks.

Court Disposition

The accused is found fit to be tried

Orders

  • The accused is found fit to be tried