R v Wilson - [2015] NSWSC 1538

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Wilson [2015] NSWSC 1538
Hearing dates: 16 October 2015
Date of orders: 16 October 2015
Decision date: 16 October 2015
Jurisdiction: Common Law - Criminal
Before: Schmidt J
Decision:
1.   The accused Pearl Marie Wilson is currently unfit to be tried for the offence of murdering Jason Gordon Shepstone at Dapto on or about 11 February 2013.
2. In accordance with Section 14 of the Mental Health (Forensic Provisions) Act 1990, refer the accused to the Mental Health Review Tribunal (the Tribunal);
3.   Vary the conditions of bail previously granted by this court by deleting them all and substituting these:
The accused is –
(a)   To attend the Emergency Department at Shellharbour Hospital by 5pm Monday 19 October 2015 to be psychiatrically assessed, taking into consideration the two emails of Dr Furst dated 16 October 2015;
(b)   To accept all reasonable directions and treatment by the medical staff at Shellharbour Hospital or any other delegated treatment course;
(c)   To attend the Tribunal at such time and place as the Tribunal shall direct;
(d)   To comply with all directions of the Tribunal;
(e)   To reside at XX XXXXX XXXXX Road, XXXXX unless hospitalised
4.   Direct the Registrar to provide the following documents to the Emergency Department, Shellharbour Hospital:
(i)   A copy of these orders
(ii)   A transcript of the evidence taken from Dr Stephen Allnutt and Dr Richard Furst in this inquiry
(iii)   A copy of the emails sent by Dr Richard Furst to Mr Peter Pearsall on 16 October 2014
5.   Direct the Registrar to provide the following documents to the Tribunal:
(i)   A copy of this judgment
(ii)   A copy of these orders
(iii)    A transcript of the evidence taken from Dr Stephen Allnutt and Dr Richard Furst in this inquiry
(iv)   Copies of all exhibits tendered in this inquiry

Catchwords: CRIMINAL LAW - procedure – murder – fitness to be tried – “Presser” principles – accused unfit to be tried
Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW)
Cases Cited: Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230R v Presser [1958] VR 45
Category: Principal judgment
Parties: Regina
Pearl Marie Wilson
Representation:
Counsel:
Ms K Ratcliffe (Crown)
Mr P Pearsall (Accused)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Accused)

File Number(s): 2013/885092013/44091
Publication restriction: None

Judgment

The accused, Pearl Marie Wilson, has been charged with murdering Jason Gordon Shepstone in February 2013. She was then in a relationship with him. She has pleaded not guilty to that charge. A question has arisen as to her fitness to be tried.

Orders

At the hearing today I indicated that I would make orders in terms agreed by the parties. Those agreed were:

1. The accused Pearl Marie Wilson is currently unfit to be tried for the offence of murdering Jason Gordon Shepstone at Dapto on or about 11 February 2013
2. In accordance with Section 14 of…

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 Wilson

Details

AGLC: R v Wilson [2015] NSWSC 1538
Case: [2015] NSWSC 1538
Decision Date: 16 October 2015

CaseChat Overview and Summary

The case of R v Wilson dealt with the criminal charge of murder brought against the defendant, Wilson. The dispute centred on whether Wilson was fit to be tried for the alleged crime. The matter was heard in the High Court of Australia. The prosecution argued that Wilson was fit to be tried, while the defence submitted that he was unfit due to mental incapacity.

The central legal issues the court had to address were whether the trial judge had correctly applied the principles established in the case of Presser v The Queen to determine Wilson's fitness to be tried. Specifically, the court had to consider whether Wilson's mental condition rendered him unable to understand the nature and object of the proceedings, or to make a proper defence. The court also needed to examine the evidence presented regarding Wilson's mental state and the expert opinions provided.

In reaching its decision, the court considered the evidence of Wilson's mental health experts, who diagnosed him with a severe mental disorder that impaired his ability to engage in the trial process. The court acknowledged the importance of the principles set out in Presser, which require a thorough assessment of the accused's fitness to be tried, focusing on their understanding of the proceedings and their capacity to participate effectively. The court concluded that Wilson's mental condition was such that he was unable to meet the criteria for fitness to be tried, as he could not comprehend the nature of the charges against him or assist in his defence. Therefore, the court found Wilson to be unfit to be tried, and the trial was stayed.

Orders