R v Wilson [2015] NSWSC 1538

R v Wilson [2015] NSWSC 1538

Having regard to the expert consensus, the evidence of Ms Wilson's deteriorating mental health, cognitive impairment, dementia, depression and psychotic symptoms, and the difficulties described by her solicitor in advising her and obtaining instructions, the Court was satisfied that she did not meet the Presser test and was currently not fit to be tried for murder.

Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Criminal Murder Proceeding; Fitness to Be Tried Inquiry / Inquiry Under S 9 of the Mental Health (forensic Provisions) Act 1990 (nsw) After the Accused Pleaded Not Guilty
Outcome
The accused was found currently unfit to be tried; she was referred to the Mental Health Review Tribunal and her bail conditions were varied.
Legal Topics
['murder' 'fitness to Be Tried' 'presser Principles' 'mental Health Review Tribunal' 'bail Conditions']
['criminal Law' 'mental Health Law'] ['murder' 'fitness to Be Tried' 'presser Principles' 'mental Health Review Tribunal' 'bail Conditions']

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Procedural Posture

Criminal Murder Proceeding; Fitness to Be Tried Inquiry / Inquiry Under S 9 of the Mental Health (forensic Provisions) Act 1990 (nsw) After the Accused Pleaded Not Guilty

Legal Issues

  1. 1 ['Whether Pearl Marie Wilson was fit to be tried for the offence of murder.' 'Whether orders should be made under s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW) and whether her bail conditions should be varied to reflect her need for treatment.']

Ratio Decidendi

Having regard to the expert consensus, the evidence of Ms Wilson's deteriorating mental health, cognitive impairment, dementia, depression and psychotic symptoms, and the difficulties described by her solicitor in advising her and obtaining instructions, the Court was satisfied that she did not meet the Presser test and was currently not fit to be tried for murder.

Court Disposition

The accused was found currently unfit to be tried; she was referred to the Mental Health Review Tribunal and her bail conditions were varied.

Orders

  • ['The accused Pearl Marie Wilson is currently unfit to be tried for the offence of murdering Jason Gordon Shepstone at Dapto on or about 11 February 2013.' 'In accordance with Section 14 of the Mental Health (Forensic Provisions) Act 1990, refer the accused to the Mental Health Review Tribunal (the Tribunal).' 'Vary...