R v Blackman

The defendant, Blackman, appealed against a decision that found him unfit to be tried for a charge of murder. The trial judge had determined that Blackman did not meet the criteria for fitness to be tried, as per the principles set out in Presser and Kesavarajah. Blackman's appeal was heard by the NSW Court of Criminal Appeal, which upheld the original determination of unfitness.

The legal issues before the court included whether the trial judge had correctly applied the relevant principles and whether the evidence supported a finding that Blackman was unfit to be tried. The court had to consider whether Blackman's mental condition rendered him unable to understand the proceedings, to instruct counsel, or to participate in his defence.

The court found that the trial judge had correctly applied the principles and that the evidence supported the conclusion that Blackman was unfit to be tried. The court noted that Blackman's mental state prevented him from understanding the proceedings, instructing counsel, or participating in his defence. Given this finding, the court made orders under section 14 of the Mental Health (Forensic Provisions) Act 1990 (NSW), which provided for Blackman's detention in a psychiatric facility and ongoing treatment.