R v Calvin Glen WALKER [2008] NSWSC 462
Based on the expert psychiatric evidence and observations, the accused is currently unfit to be tried for murder as he does not meet the minimum standards of the Presser test due to psychiatric illness and intellectual disability.
- Parties
- Prosecution: The Crown; Accused: Calvin Glen Walker
- Jurisdiction
- Australia
- Judgment Date
- 15 May 2008
- Procedural Posture
- Criminal / Fitness to Stand Trial Hearing
- Outcome
- Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded to custody.
- Legal Topics
- Unfitness to Stand Trial, Fitness Inquiry, Psychiatric Evidence, Murder Charge, Developmental Disability, Presser Test
Case Brief
Summary, issues, holding and outcome
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Parties
The Crown
Prosecution
Calvin Glen Walker
Accused
Procedural Posture
Criminal / Fitness to Stand Trial Hearing
Legal Issues
- 1 Whether the accused Calvin Glen Walker is unfit to be tried for the offence of murder due to mental illness and intellectual disability
Ratio Decidendi
Based on the expert psychiatric evidence and observations, the accused is currently unfit to be tried for murder as he does not meet the minimum standards of the Presser test due to psychiatric illness and intellectual disability.
Court Disposition
Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded to custody.
Orders
- The accused Calvin Glen Walker is unfit to be tried for the offence of the murder of Douglas Nicholas Walker on 2 December 2006.
- In accordance with s 14 of the Mental Health (Criminal Procedure) Act 1990 the accused is referred to the Medical Health Review Tribunal.
Full Case Text
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