RE v R [2022] NSWCCA 73

RE v R [2022] NSWCCA 73

The fresh psychiatric evidence tendered on appeal demonstrates a real and substantial concern as to the applicant's fitness to be tried at the relevant time, such that this Court cannot be satisfied no reasonable judge could have found the applicant unfit. Accordingly, a miscarriage of justice occurred and the conviction and sentence must be quashed and a retrial ordered.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Criminal Appeal / Appeal (court of Criminal Appeal) From Conviction and Sentence
Outcome
Appeal allowed; convictions and sentence quashed; retrial ordered
Legal Topics
['fitness to Be Tried' 'miscarriage of Justice' 'evidence on Appeal']
['criminal Law'] ['fitness to Be Tried' 'miscarriage of Justice' 'evidence on Appeal']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal (court of Criminal Appeal) From Conviction and Sentence

Legal Issues

  1. 1 ['Whether the applicant was fit to stand trial during the trial on 27 and 28 February 2017' 'Whether the availability of new psychiatric evidence demonstrates a miscarriage of justice']

Ratio Decidendi

The fresh psychiatric evidence tendered on appeal demonstrates a real and substantial concern as to the applicant's fitness to be tried at the relevant time, such that this Court cannot be satisfied no reasonable judge could have found the applicant unfit. Accordingly, a miscarriage of justice occurred and the conviction and sentence must be quashed and a retrial ordered.

Court Disposition

Appeal allowed; convictions and sentence quashed; retrial ordered

Orders

  • ['Extend the time for leave to appeal to 30 March 2022' 'Allow the appeal' "Quash the applicant's convictions and sentence" 'Remit the matter to the District Court for a retrial' 'List the matter in the District Court on the next arraignment date occurring 7 days after 30 March 2022' 'Reasons for judgment reserved']