R v Michael MCKENZIE [2009] NSWDC 267

R v Michael MCKENZIE [2009] NSWDC 267

Based on medical evidence and expert opinion, Mr McKenzie is unfit to be tried as he does not understand the charges, cannot participate in his own defence, nor comprehend the nature of the proceedings; therefore he is referred to the Mental Health Review Tribunal and granted bail.

Jurisdiction
Australia
Judgment Date
03 July 2009
Procedural Posture
Criminal / Fitness to Be Tried Inquiry
Outcome
Mr McKenzie found unfit to be tried, proceedings adjourned generally, referred to Mental Health Review Tribunal, bail granted.
Legal Topics
['fitness to Be Tried' 'capacity to Elect Judge Alone Inquiry' 'bail']
['criminal Law'] ['fitness to Be Tried' 'capacity to Elect Judge Alone Inquiry' 'bail']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Fitness to Be Tried Inquiry

Legal Issues

  1. 1 ['Whether Michael McKenzie is unfit to be tried on balance of probabilities' 'Whether Mr McKenzie had capacity to elect inquiry to be conducted by judge alone']

Ratio Decidendi

Based on medical evidence and expert opinion, Mr McKenzie is unfit to be tried as he does not understand the charges, cannot participate in his own defence, nor comprehend the nature of the proceedings; therefore he is referred to the Mental Health Review Tribunal and granted bail.

Court Disposition

Mr McKenzie found unfit to be tried, proceedings adjourned generally, referred to Mental Health Review Tribunal, bail granted.

Orders

  • ['Mr McKenzie is referred to the Mental Health Review Tribunal under s 14 of the Mental Health (Forensic Provisions) Act 1990' 'Bail is granted on presently fixed conditions under the Bail Act 1978' 'Proceedings are adjourned generally']