R v Briar [2024] NSWDC 590

R v Briar [2024] NSWDC 590

Based on expert reports and submissions, Kevin Briar is not able to make a defence or instruct counsel and will not become fit within 12 months; therefore, he is unfit to be tried under s 36 and further proceedings are to follow special hearing provisions.

Parties
Defendant: Kevin Douglas Briar; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Criminal / Fitness Hearing
Outcome
Defendant found unfit to be tried and will not become fit within 12 months; referral for special hearing advice from DPP; bail to continue; matter adjourned.
Legal Topics
Fitness to Be Tried, Cognitive Impairment, Special Hearing Procedures
Criminal Law Mental Health Law Fitness to Be Tried Cognitive Impairment Special Hearing Procedures

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Parties

Kevin Douglas Briar

Defendant

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Fitness Hearing

Legal Issues

  1. 1 Whether Kevin Briar is fit to be tried on the present indictment
  2. 2 Whether Kevin Briar will become fit within 12 months

Ratio Decidendi

Based on expert reports and submissions, Kevin Briar is not able to make a defence or instruct counsel and will not become fit within 12 months; therefore, he is unfit to be tried under s 36 and further proceedings are to follow special hearing provisions.

Court Disposition

Defendant found unfit to be tried and will not become fit within 12 months; referral for special hearing advice from DPP; bail to continue; matter adjourned.

Orders

  • Mr Kevin Briar is unfit to be tried on the present indictment.
  • He will not become fit within 12 months.