R v King

[2012] ACTSC 35

R v IAN HAROLD KING
[2012] ACTSC 35 (15 February 2012)

CRIMINAL LAW – fitness to plead – psychiatric assessment not disputed – accused fit to plead.

Crimes Act1900 (ACT), div 13.2, s 311

EX TEMPORE JUDGMENT

No. SCC 164 of 2009

Judge:            Refshauge J
Supreme Court of the ACT

Date:             15 February 2012

IN THE SUPREME COURT OF THE     )
  )         No. SCC 164 of 2009
AUSTRALIAN CAPITAL TERRITORY          ) 

R

v

IAN HAROLD KING

ORDER

Judge:  Refshauge J
Date:  15 February 2012
Place:  Canberra

THE COURT DECLARES THAT:

1. The accused is fit to plead.

1. The accused, Ian Harold King, has been committed to this Court on a large number of criminal charges to a number of which he has now indicated an intention to plead guilty.

2. On 13 July 2011, however, Gray J required Mr King to be examined by a psychiatrist to address a fitness to plead issue. 

3. On 26 July 2011, I was satisfied that there was a real or substantial question about the fitness of Mr King to plead, and directed that the question of his fitness to plead be reserved under div 13.2 of the Crimes Act1900 (ACT).

4. I also directed, perhaps unnecessarily, that he be examined by a psychiatrist, and that a neuropsychological assessment also be carried out for the purpose of reports being prepared as to Mr King’s fitness to plead.  I have received a report from Dr Graham George, consultant psychiatrist, dated 30 August 2011.

5. After an examination of Mr King on that date at the Alexander Maconochie Centre, Dr George considered whether Mr King was fit to plead. He addressed the statutory criteria in s 311 of the Crimes Act 1900 (ACT), and his summary and opinion was: “In general terms, I have not found Mr King suffers either mental illness or mental impairment. He appeared to understand all the criteria associated with fitness to plead and as a result, I have found him Fit to Plead.”

1. Neither counsel for the prosecution nor counsel for Mr King made any submissions to the contrary to those findings, and, accordingly, I find that Mr King is fit to plead.

   I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Refshauge.

   Associate:

   Date:     8 March 2012

Counsel for the Crown:  Mr A Doig
Counsel for the Crown:   ACT Director of Public Prosecutions
Counsel for the defendant:  Mr K Archer
Solicitor for the defendant:  Aboriginal Legal Service
Date of hearing:  15 February 2012
Date of judgment:  15 February 2012