R v Cody Franklin [2019] NSWSC 1214

R v Cody Franklin [2019] NSWSC 1214

Cody Franklin is unfit to be tried due to active and severe symptoms of mental illness (schizophrenia/schizoaffective disorder), causing significantly impaired capacity to participate in proceedings, including inability to make a defence or answer the charge.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Criminal / Fitness to Stand Trial Inquiry
Outcome
Mr Franklin is unfit to be tried.
Legal Topics
['fitness to Stand Trial' 'presser Test' 'murder' 'intentionally Damaging Property by Fire' 'schizophrenia' 'schizoaffective Disorder']
['criminal Law' 'mental Health Law'] ['fitness to Stand Trial' 'presser Test' 'murder' 'intentionally Damaging Property by Fire' 'schizophrenia' 'schizoaffective Disorder']

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Procedural Posture

Criminal / Fitness to Stand Trial Inquiry

Legal Issues

  1. 1 ['Whether Cody Franklin is fit to stand trial for murder and damaging property by fire']

Ratio Decidendi

Cody Franklin is unfit to be tried due to active and severe symptoms of mental illness (schizophrenia/schizoaffective disorder), causing significantly impaired capacity to participate in proceedings, including inability to make a defence or answer the charge.

Court Disposition

Mr Franklin is unfit to be tried.

Orders

  • ['The accused, Cody Franklin, is unfit to be tried.' 'In accordance with s 14(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW), Mr Franklin is referred to the Mental Health Review Tribunal.' 'In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990 (NSW), the accused is...