R v Ohlsen [2018] NSWSC 1193

R v Ohlsen [2018] NSWSC 1193

Accepting the evidence of Dr Furst and Dr Adams, the Court found that the accused suffered from severe, enduring and treatment resistant schizophrenia which significantly impaired her capacity to participate in and comprehend a criminal trial. Applying the Presser criteria, she could not exercise her right of challenge, follow the trial in a general sense, understand the substantial effect of evidence against her, or make a coherent defence or answer to the charge. On the balance of probabilities she was not fit to be tried and was unlikely to become fit within twelve months.

Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Criminal Proceedings for Murder; Fitness Inquiry / Inquiry Into Fitness to Be Tried After the Question of Fitness Was Raised Before Arraignment
Outcome
Accused found not fit to be tried for murder and unlikely to become fit within twelve months; referred to the Mental Health Review Tribunal; bail refused pending effect being given to the Tribunal determination.
Legal Topics
['murder' 'fitness to Be Tried' 'presser Criteria' 'schizophrenia' 'mental Health Review Tribunal' 'bail']
['criminal Law' 'mental Health Law'] ['murder' 'fitness to Be Tried' 'presser Criteria' 'schizophrenia' 'mental Health Review Tribunal' 'bail']

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Procedural Posture

Criminal Proceedings for Murder; Fitness Inquiry / Inquiry Into Fitness to Be Tried After the Question of Fitness Was Raised Before Arraignment

Legal Issues

  1. 1 ['Whether the accused was unfit to be tried for the offence of murder on the balance of probabilities.' 'Whether the accused was unlikely to become fit to be tried within a twelve month period.' 'Whether the accused should be referred to the Mental Health Review Tribunal and remanded in custody pending the Tribunal determination being given effect.']

Ratio Decidendi

Accepting the evidence of Dr Furst and Dr Adams, the Court found that the accused suffered from severe, enduring and treatment resistant schizophrenia which significantly impaired her capacity to participate in and comprehend a criminal trial. Applying the Presser criteria, she could not exercise her right of challenge, follow the trial in a general sense, understand the substantial effect of evidence against her, or make a coherent defence or answer to the charge. On the balance of probabilities she was not fit to be tried and was unlikely to become fit within twelve months.

Court Disposition

Accused found not fit to be tried for murder and unlikely to become fit within twelve months; referred to the Mental Health Review Tribunal; bail refused pending effect being given to the Tribunal determination.

Orders

  • ['I find on the balance of probabilities that the accused is not fit to be tried for the offence of murder charged against her, and is unlikely to become fit in a twelve month period.' 'Pursuant to s 14(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW) the accused is referred to the Mental Health Review...