R v Ivanoff [2017] NSWSC 1707

R v Ivanoff [2017] NSWSC 1707

Based on the medical evidence, the Accused did not meet the minimum standards of the Presser test and was thus unfit to be tried for murder pursuant to the Mental Health (Forensic Provisions) Act 1990.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Criminal / Fitness to Be Tried Inquiry
Outcome
Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded in custody pending Tribunal determination.
Legal Topics
['fitness to Be Tried' 'referral to Mental Health Review Tribunal' 'murder']
['criminal Law' 'mental Health Law'] ['fitness to Be Tried' 'referral to Mental Health Review Tribunal' 'murder']

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Procedural Posture

Criminal / Fitness to Be Tried Inquiry

Legal Issues

  1. 1 ['Whether the accused, Ben Ivanoff, is unfit to be tried for the offence of murder']

Ratio Decidendi

Based on the medical evidence, the Accused did not meet the minimum standards of the Presser test and was thus unfit to be tried for murder pursuant to the Mental Health (Forensic Provisions) Act 1990.

Court Disposition

Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded in custody pending Tribunal determination.

Orders

  • ['The Accused is referred to the Mental Health Review Tribunal pursuant to s.14 Mental Health (Forensic Provisions) Act 1990.' 'Pursuant to s.14(b)(iii) Mental Health (Forensic Provisions) Act 1990, the Accused is remanded in custody until effect is given to any determination made by the Mental Health Review...