R v Threlfo [2019] NSWDC 276

R v Threlfo [2019] NSWDC 276

Having considered Dr Martin's report and all available evidence, the accused satisfies the Presser criteria and is fit to be tried, including being fit to represent himself at trial. Accordingly, the matter is to be fixed for trial.

Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal / Fitness Hearing
Outcome
The accused found fit to stand trial and matter fixed for trial.
Legal Topics
['fitness to Stand Trial' 'presser Criteria' 'unrepresented Accused' 'mental Health (forensic Provisions) Act' 'aggravated Break and Enter']
['criminal Law'] ['fitness to Stand Trial' 'presser Criteria' 'unrepresented Accused' 'mental Health (forensic Provisions) Act' 'aggravated Break and Enter']

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Procedural Posture

Criminal / Fitness Hearing

Legal Issues

  1. 1 ['Whether the accused is fit to be tried under s 13 of the Mental Health (Forensic Provisions) Act' 'Application of Presser criteria for fitness to stand trial' 'Fitness of accused to represent himself']

Ratio Decidendi

Having considered Dr Martin's report and all available evidence, the accused satisfies the Presser criteria and is fit to be tried, including being fit to represent himself at trial. Accordingly, the matter is to be fixed for trial.

Court Disposition

The accused found fit to stand trial and matter fixed for trial.

Orders

  • ['Pursuant to s 13 of the Mental Health (Forensic Provisions) Act I find the accused fit to be tried and the matter is to be fixed for trial.']