Regina (C'Wealth) v Sharrouf [No 2] [2008] NSWSC 1450

Regina (C'Wealth) v Sharrouf [No 2] [2008] NSWSC 1450

The accused is presently unfit to be tried under the Presser test; a prima facie case has been established under s 20B Crimes Act 1914 (Cth); medical evidence indicates the accused will become fit within twelve months; treatment is available in a prison hospital; the accused does not object to detention. Therefore, accused is to be detained in the MRRC Screening Unit until fit to be tried or 12 months elapse.

Jurisdiction
Australia
Judgment Date
25 June 2008
Procedural Posture
Criminal / Post Committal, Determination of Fitness for Trial and Consequences Under S 20 B of the Crimes Act (cth) 1914
Outcome
Accused found unfit to be tried; prima facie case established; ordered detained with treatment available; not dismissed.
Legal Topics
['fitness for Trial' 'interpretation of Mental Health (criminal Procedure) Act 1990 (nsw)' 'interpretation of S 20 B Crimes Act 1914 (cth)' 'prima Facie Case' 'application of Commonwealth and State Procedure']
['criminal Law'] ['fitness for Trial' 'interpretation of Mental Health (criminal Procedure) Act 1990 (nsw)' 'interpretation of S 20 B Crimes Act 1914 (cth)' 'prima Facie Case' 'application of Commonwealth and State Procedure']

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Procedural Posture

Criminal / Post Committal, Determination of Fitness for Trial and Consequences Under S 20 B of the Crimes Act (cth) 1914

Legal Issues

  1. 1 ['Is the accused unfit to be tried under the Presser test?' 'Has a prima facie case been established against the accused under s 20B of the Crimes Act 1914 (Cth)?' 'Will the accused become fit to be tried within 12 months?' "Is treatment for the accused's mental condition available in a prison hospital and does the accused object to detention?"]

Ratio Decidendi

The accused is presently unfit to be tried under the Presser test; a prima facie case has been established under s 20B Crimes Act 1914 (Cth); medical evidence indicates the accused will become fit within twelve months; treatment is available in a prison hospital; the accused does not object to detention. Therefore, accused is to be detained in the MRRC Screening Unit until fit to be tried or 12 months elapse.

Court Disposition

Accused found unfit to be tried; prima facie case established; ordered detained with treatment available; not dismissed.

Orders

  • ['Accused to be taken to and detained in the MRRC Screening Unit from today, or as soon as the transfer can reasonably be achieved, and kept there until he becomes fit to be tried.' 'Liberty to apply for variation or further order.']