R v Akok [2018] NSWSC 1192

R v Akok [2018] NSWSC 1192

The court found that, although the accused could understand aspects of a criminal trial, his paranoid schizophrenia significantly impairs his ability to make a defence or plea in mitigation of substance, rendering him unfit to stand trial.

Parties
Crown: Regina; Accused: Marko Akok
Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Criminal / Fitness Hearing Prior to Trial
Outcome
Accused found unfit to be tried for murder.
Legal Topics
Fitness to Stand Trial, Mental Health, Murder
Criminal Law Fitness to Stand Trial Mental Health Murder

Case Brief

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Parties

Regina

Crown

Marko Akok

Accused

Procedural Posture

Criminal / Fitness Hearing Prior to Trial

Legal Issues

  1. 1 Whether the accused is unfit to be tried for murder due to mental illness

Ratio Decidendi

The court found that, although the accused could understand aspects of a criminal trial, his paranoid schizophrenia significantly impairs his ability to make a defence or plea in mitigation of substance, rendering him unfit to stand trial.

Court Disposition

Accused found unfit to be tried for murder.

Orders

  • Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Mr Akok is referred to the Mental Health Review Tribunal.
  • Proceedings before the Court are adjourned and Mr Akok is remanded in custody until the determination of the tribunal has been given effect.