R v Brett Wayne SMITH [2009] NSWSC 1337

R v Brett Wayne SMITH [2009] NSWSC 1337

Based on comprehensive medical evidence and observations, the accused is unfit to be tried due to severe chronic paranoid schizophrenia, failing to meet minimum standards under the Presser test.

Parties
Prosecutor: The Crown; Accused: Brett Wayne Smith
Jurisdiction
Australia
Judgment Date
04 December 2009
Procedural Posture
Criminal / Fitness to Stand Trial Inquiry
Outcome
Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded to former custody.
Legal Topics
Fitness to Stand Trial, Murder, Wounding With Intent, Psychiatric Illness, Schizophrenia
Criminal Law Mental Health Law Fitness to Stand Trial Murder Wounding With Intent Psychiatric Illness Schizophrenia

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Parties

The Crown

Prosecutor

Brett Wayne Smith

Accused

Procedural Posture

Criminal / Fitness to Stand Trial Inquiry

Legal Issues

  1. 1 Whether the accused, Brett Wayne Smith, is unfit to be tried for murder and wounding with intent due to psychiatric illness

Ratio Decidendi

Based on comprehensive medical evidence and observations, the accused is unfit to be tried due to severe chronic paranoid schizophrenia, failing to meet minimum standards under the Presser test.

Court Disposition

Accused found unfit to be tried; referred to Mental Health Review Tribunal; remanded to former custody.

Orders

  • Accused Brett Wayne Smith found unfit to be tried for the offence of the murder of Adam Catt on 20 November 2008.
  • Accused Brett Wayne Smith found unfit to be tried for the offence of wounding Janell Hutman with intent to murder her on 20 November 2008.