R v Haines [2013] NSWSC 1609

Based on the psychiatric and psychological evidence, and considering the Presser criteria, the accused is now fit to stand trial as she can understand the proceedings, the charges, follow the evidence, give instructions, and make her defence. Recommendations for medication management and breaks ensure any temporary cognitive impairment does not affect her fitness.

Jurisdiction: Australia
Judgment Date: 04 November 2013
Procedural Posture: Criminal / Inquiry Into Fitness to Stand Trial
Outcome: Accused found fit to be tried for murder; bail refused; accused to remain under care at Bunya Unit; matter listed for arraignment.
Legal Topics: ['fitness to Plead' 'murder' 'procedure']

['criminal Law'] ['fitness to Plead' 'murder' 'procedure']

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Procedural Posture

Criminal / Inquiry Into Fitness to Stand Trial

Legal Issues

1 ['Whether Brenda Lee Haines is fit to be tried for the murder charge.']

Ratio Decidendi

Court Disposition

Accused found fit to be tried for murder; bail refused; accused to remain under care at Bunya Unit; matter listed for arraignment.

Orders

['I find that the accused Brenda Lee Haines is fit to be tried for the murder of Haibo Wang on 3 March 2001 at Redfern.' 'In accordance with s 30 Mental Health (Forensic Provisions) Act, the matter is to be placed in the arraignment list of Friday 6 December 2013.' 'Bail is refused.' 'The accused is to be returned...