R v James [2012] NSWSC 1268

R v James [2012] NSWSC 1268

The court accepted the unanimous opinion of two qualified experts, applying the test in R v Presser, that the accused is presently fit to stand trial, the conclusion being contingent on provision of frequent breaks and a support person during the trial.

Jurisdiction
Australia
Judgment Date
19 October 2012
Procedural Posture
Criminal / Fitness to Be Tried Hearing
Outcome
The accused found fit to be tried; proceedings adjourned.
Legal Topics
['fitness to Be Tried']
['criminal Law'] ['fitness to Be Tried']

Case Brief

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Procedural Posture

Criminal / Fitness to Be Tried Hearing

Legal Issues

  1. 1 ['Whether the accused is fit to stand trial under the applicable legal standard']

Ratio Decidendi

The court accepted the unanimous opinion of two qualified experts, applying the test in R v Presser, that the accused is presently fit to stand trial, the conclusion being contingent on provision of frequent breaks and a support person during the trial.

Court Disposition

The accused found fit to be tried; proceedings adjourned.

Orders

  • ['I find the accused, Anthony Mark James, fit to be tried.' 'Proceedings are adjourned to the Arraignments List in the Supreme Court at 10am on Friday 2 November 2012.']