R v FVT [2012] NSWSC 1488

R v FVT [2012] NSWSC 1488

Based on unchallenged medical evidence from Dr Nielssen and Professor Greenberg, the accused is permanently unfit to stand trial due to irreversible intellectual impairment, dementia, and inability to follow proceedings or instruct counsel, satisfying the criteria in R v Presser.

Parties
Crown: Regina; Defendant: FVT
Jurisdiction
Australia
Judgment Date
03 December 2012
Procedural Posture
Criminal / Fitness to Stand Trial Inquiry
Outcome
The accused is found unfit to stand trial and referred to the Mental Health Review Tribunal.
Legal Topics
Fitness to Stand Trial, Mental Health (forensic Provisions) Act 1990
Criminal Law Fitness to Stand Trial Mental Health (forensic Provisions) Act 1990

Case Brief

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Parties

Regina

Crown

FVT

Defendant

Procedural Posture

Criminal / Fitness to Stand Trial Inquiry

Legal Issues

  1. 1 Whether the accused is fit to stand trial

Ratio Decidendi

Based on unchallenged medical evidence from Dr Nielssen and Professor Greenberg, the accused is permanently unfit to stand trial due to irreversible intellectual impairment, dementia, and inability to follow proceedings or instruct counsel, satisfying the criteria in R v Presser.

Court Disposition

The accused is found unfit to stand trial and referred to the Mental Health Review Tribunal.

Orders

  • The accused is referred to the Mental Health Review Tribunal pursuant to s14 of The Mental Health (Forensic Provisions) Act 1990.
  • The accused is ordered to be remanded in custody until effect is given to any determination by the Mental Health Review Tribunal.