R v Calvin Glen WALKER - [2008] NSWSC 462

CITATION: R v Calvin Glen WALKER [2008] NSWSC 462

HEARING DATE(S): 12 May 2008

JUDGMENT DATE :
15 May 2008

JUDGMENT OF: Harrison J

DECISION: 1. The accused Calvin Glen Walker is unfit to be tried for the offence of the murder of Douglas Nicholas Walker on 2 December 2006.
2. In accordance with s 14 of the Mental Health (Criminal Procedure) Act 1990 I refer the accused to the Medical Health Review Tribunal.
3. The accused is remanded to his former custody pending the determination of the Tribunal under s 16 or until further order.

CATCHWORDS: CRIMINAL LAW – accused charged with murder – evidence of developmental retardation and psychiatric illness including schizophrenia and psychosis – Mental Health Criminal Procedure Act 1990 – whether accused unfit to stand trial - medical opinion that accused was unfit to stand trial

LEGISLATION CITED: Mental Health Act 1990
Mental Health (Criminal Procedure) Act 1990

CATEGORY: Procedural and other rulings

CASES CITED: Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230
R v Mailes [2001] NSWCCA 155; (2001) 53 NSWLR 251
R v Presser [1958] VR 45
R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284

PARTIES: The Crown
Calvin Glen Walker (Accused)

FILE NUMBER(S): SC 2007/4240

COUNSEL: P Barnett SC (Crown)
C Bruce (Accused)

SOLICITORS: Director of Public Prosecutions (Crown)
Legal Aid Commission of New South Wales (Accused)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

HARRISON J

15 May 2008

2007/4240 R v Calvin Glen WALKER
JUDGMENT

1 On 12 May 2008 I conducted an inquiry pursuant to the provisions of the Mental Health (Criminal Procedure) Act 1990 ("the Act") into whether the accused Calvin Glen Walker is unfit to be tried in respect of one charge pending against him, namely, that on 2 December 2006 at Tabulam he did murder Douglas Nicholas Walker. On that day I determined that the accused was unfit to be tried for that offence and made orders consequential upon that determination. I indicated that I would deliver my reasons for that decision today.

The Crown case

2 According to the Crown case the accused was born on 1 January 1986. (Some other material before me suggests that he may have been born on 7 February 1983, although for present purposes nothing of significance would appear to turn on this discrepancy). The facts alleged by the Crown are that as at 2 December 2006 the accused had been in a relationship with Bianca Maree Collins for a number of years. Some time prior to that date, Ms Collins had had a brief relationship with Douglas Nicholas Walker, the deceased. It is alleged that the accused harboured some animosity towards the deceased as a result of that brief relationship.

3 On the morning of Saturday 2 December 2006, a number of the residents of the Tabulam Aboriginal Reserve had gathered at the home of Suzie Laurie. The deceased was at those premises and whilst there consumed a quantity…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Calvin Glen WALKER

Details

AGLC: R v Calvin Glen Walker [2008] NSWSC 462
Case: [2008] NSWSC 462
Decision Date: 15 May 2008

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Calvin Glen Walker, the accused was charged with the offence of murder. The case came before the court to determine whether Walker was fit to stand trial given his developmental retardation and psychiatric illness, which included schizophrenia and psychosis. The legal framework for this assessment was the Mental Health Criminal Procedure Act 1990. The court was tasked with examining the evidence and determining whether Walker's mental state rendered him unfit to participate in his trial.

The court considered the medical evidence presented, which concluded that Walker was indeed unfit to stand trial. This assessment was based on his developmental retardation and severe psychiatric conditions, which significantly impaired his ability to understand the proceedings or participate in his own defence. The court had to balance the presumption of fitness to stand trial with the evidence provided by the medical experts. It was also necessary to consider the implications of the Mental Health Criminal Procedure Act 1990, particularly the provisions regarding the unfitness of an accused to stand trial due to mental health issues.

Upon reviewing the medical evidence and the statutory requirements, the court found that Walker was unfit to stand trial. The court accepted that Walker's conditions were so severe that they precluded him from understanding the nature of the proceedings against him or effectively participating in his defence. Consequently, the court ruled that Walker was unfit to stand trial under the provisions of the Mental Health Criminal Procedure Act 1990. The court ordered that Walker be detained in a secure mental health facility until such time as his mental health improves to a level where he can stand trial.

Orders