R v Aller [2014] NSWSC 360

R v Aller [2014] NSWSC 360

Based on substantial expert evidence, Michael John Aller is currently unfit to be tried for murder due to chronic schizophrenic illness that impairs his ability to understand proceedings, instruct counsel, and endure a trial, making a fair trial impossible at this time.

Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Criminal / Inquiry Into Fitness to Be Tried
Outcome
Accused found unfit to be tried; matter referred to Mental Health Review Tribunal; accused remanded in custody pending Tribunal determination.
Legal Topics
['unfitness to Be Tried' 'murder' 'mental Illness' 'fair Trial']
['criminal Law'] ['unfitness to Be Tried' 'murder' 'mental Illness' 'fair Trial']

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Procedural Posture

Criminal / Inquiry Into Fitness to Be Tried

Legal Issues

  1. 1 ['Whether the accused, Michael John Aller, is unfit to be tried for murder due to mental illness']

Ratio Decidendi

Based on substantial expert evidence, Michael John Aller is currently unfit to be tried for murder due to chronic schizophrenic illness that impairs his ability to understand proceedings, instruct counsel, and endure a trial, making a fair trial impossible at this time.

Court Disposition

Accused found unfit to be tried; matter referred to Mental Health Review Tribunal; accused remanded in custody pending Tribunal determination.

Orders

  • ['I find the accused, Michael Aller, is unfit to be tried.' 'In accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990, I refer this matter to the Mental Health Review Tribunal.' 'In accordance with s 14(b)(iii) of the Mental Health (Forensic Provisions) Act 1990, I remand Mr Aller in custody,...