R v Dunne

This case is a continuation of a hearing to determine the fitness of Patricia Maureen Dunne to plead to charges of wilful murder and attempted murder. The matter was heard over two and a half days, with submissions by counsel concluding on 6 August 2002. The legal issues before the court included determining whether conflicting expert opinions could be resolved on a majority basis and whether the accused's fitness to plead should be assessed in light of the nature of the charges and evidence. The Crown conceded that the accused was not fit to plead, but it remained for the court to make a fresh assessment of her fitness.

The court accepted the evidence of Drs Patchett and Wood that the accused suffers from frontal and temporal lobe dementia, which is irreversible and deteriorating, and that she lacks certain capacities identified in s 9 of the Criminal Law (Mentally Impaired Defendants) Act 1996. The court found that the accused's condition had deteriorated markedly since her arrest, and she was unable to understand or exercise the right to challenge jurors, follow the course of a trial, understand the prosecution evidence, or properly defend the charges. The court also found that she would not become mentally fit to stand trial within the next six months.

Having considered the statutory criteria, including the nature of the alleged offences, the accused's mental condition, and the public interest, the court concluded that a custody order was appropriate. The court found the accused not fit to plead and made a custody order in respect of each of the offences on the indictments.