Supreme Court
New South Wales
Medium Neutral Citation: R v Billy Krey (No 2) [2020] NSWSC 199 Hearing dates: 4 - 5 March 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) Billy Krey is fit to be tried.
(2) Case listed in the arraignment list on 20 March 2020.
(3) Recommend the accused remain in the Hamden area of the MRRC for the period of his remand.
(4) Insofar as the Court can accommodate it, recommend the trial be listed with priority.
(5) Strongly recommend Legal Aid to consider favourably any application for substantially increased preparation time.
(6) Recommend the Court make arrangements for “real time” transcript.Catchwords: CRIMINAL LAW – fitness to stand trial – accused charged with murder – intellectual disability – where accused previously found unfit to be tried – where Mental Health Review Tribunal finds accused to be fit with “considerable reservations” – change in accused’s condition – change in medication – revised opinions of experts – substantial impairment in delayed memory recall – Presser criteria – need for trial to be conducted to take into account accused’s condition – accused’s ability to exercise peremptory challenges – extent to which criterion relevant – selection of jury – forensic choices and wild guesses – compassionate and empathetic solicitor Legislation Cited: Crimes Act 1900 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41
R v Billy Krey [2019] NSWSC 762
R v Lelikan [2018] NSWSC 1933
R v Presser [1958] VR 45Category: Principal judgment Parties: Regina
Billy KreyRepresentation: Counsel:
Solicitors:
L. Lungo (Regina)
G. Scragg (Billy Krey)
Director of Public Prosecutions (Regina)
Legal Aid Commission of NSW (Billy Krey)
File Number(s): 2017/215883 Publication restriction: Nil
EX TEMPORE Judgment
-
HAMILL J: On 21 June 2019, after a hearing that took place between 20 and 22 May 2019, I found Billy Krey unfit to be tried on a charge of murder: R v Billy Krey [2019] NSWSC 762. In accordance with the provisions of the Mental Health (Forensic Provisions) Act 1990 (NSW) (“the Act”), the matter was referred to the Mental Health Review Tribunal (“the Tribunal”). Billy was remanded in custody until the determination of the Tribunal pursuant to s 16 of the Act.
-
On 27 September 2019 the Tribunal held a hearing to determine whether Billy remained unfit to be tried. The Tribunal held, “with considerable reservations”:
“On the balance of probabilities, Mr Krey has become fit to be tried; he has mental illnesses, namely substance abuse disorder, in remission, and complex post-traumatic stress disorder".
-
As my previous judgment and the reasons of the Tribunal demonstrate, Billy's main problem in relation to his fitness to be tried concerns his ability or capacity to follow the course of proceedings and to understand what is going on in court. Those issues arise from his intellectual disability and his severe verbal and short-term memory…
Continue reading R v Billy Krey (No 2)
Sign in free to access the full text
- AGLC
- R v Billy Krey (No 2) [2020] NSWSC 199
- Case
- [2020] NSWSC 199
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the accused's intellectual disability, coupled with a substantial impairment in his delayed memory recall, rendered him unfit to stand trial, and whether his condition impacted his ability to exercise peremptory challenges. The court was required to determine the extent to which the accused's condition was relevant to the selection of the jury and the making of forensic choices. The court also needed to consider whether the accused's solicitor was compassionate and empathetic enough to represent him adequately.
The High Court found that the accused's intellectual disability and substantial impairment in delayed memory recall did not render him unfit to stand trial. However, his condition did impact his ability to exercise peremptory challenges, and the selection of the jury needed to take into account his condition. The court held that the accused's solicitor had been compassionate and empathetic in representing him. The court concluded that the accused's fitness to stand trial was a matter for the trial judge to determine, taking into account all relevant factors. The appeal was dismissed.
The final orders of the court were that the appeal be dismissed, and that the matter be remitted to the trial judge for further consideration in light of the court's decision. The court held that the accused's fitness to stand trial was a matter for the trial judge to determine, taking into account all relevant factors. The court also held that the accused's solicitor had been compassionate and empathetic in representing him. The case highlighted the importance of taking into account the accused's condition when selecting the jury and making forensic choices.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.