R v Whittall [2017] NSWSC 339

R v Whittall [2017] NSWSC 339

The Court accepted the expert psychiatric evidence, including Dr O'Dea's opinion and Dr Riordan's conclusion by reference to the Presser criteria, and, with both parties submitting that Ms Whittall should be found fit, was well satisfied that Ms Whittall was fit to stand trial.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal Proceedings for Murder; Fitness to Stand Trial / Fitness Determination Under S 29 of the Mental Health (forensic Provisions) Act 1990 (nsw) Before Arraignment and Trial
Outcome
Ms Whittall was found fit to stand trial; proceedings were adjourned to the Arraignments List for a trial date to be fixed; bail was refused; and she was directed to be returned to her current place of hospital treatment.
Legal Topics
['fitness to Stand Trial' 'murder' 'mental Illness' 'bail']
['criminal Law' 'mental Health Law'] ['fitness to Stand Trial' 'murder' 'mental Illness' 'bail']

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Procedural Posture

Criminal Proceedings for Murder; Fitness to Stand Trial / Fitness Determination Under S 29 of the Mental Health (forensic Provisions) Act 1990 (nsw) Before Arraignment and Trial

Legal Issues

  1. 1 ['Whether Ms Whittall was fit to stand trial on the charge of murder.' 'Whether proceedings should be adjourned for arraignment and trial listing.' 'Whether bail should be refused where no bail application was made.']

Ratio Decidendi

The Court accepted the expert psychiatric evidence, including Dr O'Dea's opinion and Dr Riordan's conclusion by reference to the Presser criteria, and, with both parties submitting that Ms Whittall should be found fit, was well satisfied that Ms Whittall was fit to stand trial.

Court Disposition

Ms Whittall was found fit to stand trial; proceedings were adjourned to the Arraignments List for a trial date to be fixed; bail was refused; and she was directed to be returned to her current place of hospital treatment.

Orders

  • ['Ms Whittall is fit to stand trial.' 'Adjourn proceedings to Arraignments List on Friday 7/4/2017 in order that a date for trial can be fixed. Accused to attend via AVL' 'Bail refused.' 'Direct that Ms Whittall be returned to and accommodated at her current place of hospital treatment.']