R v Delaney [2020] NSWDC 609

R v Delaney [2020] NSWDC 609

Based on current psychiatric evidence and application of the Presser criteria, David Delaney is presently fit to be tried for the offence charged.

Parties
Accused: David Delaney; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal / Fitness to Be Tried Determination
Outcome
fit to be tried
Legal Topics
Fitness to Be Tried, Wound With Intent, Mental Illness in Criminal Proceedings
Criminal Law Mental Health Law Fitness to Be Tried Wound With Intent Mental Illness in Criminal Proceedings

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Parties

David Delaney

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Fitness to Be Tried Determination

Legal Issues

  1. 1 Whether David Delaney is fit to be tried for the offence of wounding with intent to cause grievous bodily harm

Ratio Decidendi

Based on current psychiatric evidence and application of the Presser criteria, David Delaney is presently fit to be tried for the offence charged.

Court Disposition

fit to be tried

Orders

  • David Delaney is fit to be tried.
  • Proceedings for the offence are to continue according to normal criminal procedures.