R v McGregor

[2019] NSWDC 878

District Court

New South Wales

Medium Neutral Citation:	R v McGregor [2019] NSWDC 878
Hearing dates:	2 September 2019
Date of orders:	02 September 2019
Decision date:	02 September 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The offender is not fit to stand trial.
Catchwords:	Fitness to be tried, Assault w intent to cause GBH
Legislation Cited:	Mental Health (Forensic Provisions) Act 1990
Cases Cited:	R v Presser (1958) VR 45 Ngatayi v R (1980) 147 CLR 1 Kesavarajah v R (1994) 181 CLR 230
Category:	Procedural and other rulings
Parties:	Christopher Allan Mcgregor (Offender) Regina (Crown)
Representation:	Counsel: Mr Wong
File Number(s):	2018/00190139

Judgment

1. HIS HONOUR: Christopher Allan McGregor faces an indictment which reads: “On 12 June 2018 at Parramatta in the State of New South Wales did cause grievous bodily harm to Carol Townsend with intent to cause grievous bodily harm.”

2. The facts in short compass are as follows. The complainant is shown on CCTV footage obtained from the bus station to touch her lower back before she approached the accused and said words to the effect, “Don't ever push me again.” The accused interacted with the complainant, attempting to talk to her and speak to her in sign language. The accused is deaf and uses a combination of Auslan and signed English to communicate. The accused then stopped walking away, took six steps towards the complainant, drew his arm back with a raised elbow and punched the complainant with a closed fist to her head, striking the complainant on the left side of her face. The complainant toppled backwards and fell to the ground, striking her hip on the pavement and losing a shoe as she did so. A number of passers-by who witnessed the assault ran to assist the complainant, one of whom telephoned emergency services. Immediately after punching the complainant, the accused returned to his suitcase and walked away towards the train station. As he walked away, the accused looked over his shoulder at the complainant, who remained lying on the ground surrounded by persons who had stopped to come to her aid.

3. The assault is captured on CCTV footage from the bus station, which was obtained by the police in the course of their investigation.

4. Ambulance officers attended the scene and conveyed the complainant to Westmead Hospital. Medical examination and imaging revealed the complainant sustained:

(a) multiple fractures to her face, namely, an acute left orbital floor fracture, fracture to maxillary sinus walls and left zygomatic arch fracture;

(b) fractures hip, namely, a right comminuted pertrochanteric fracture of the neck of the femur.

5. It is fundamental to our system of law and justice that a person charged with a criminal offence be able to understand and, if necessary, meet and defend that charge. If a person is not fit enough to do so, they cannot have a trial according to law. To overcome the problem of ensuring justice is done both for the accused and any complainant, the Mental Health (Forensic Provisions) Act 1990…