R v Yeon - [2024] NSWSC 360

Supreme Court

New South Wales

Medium Neutral Citation: R v Yeon [2024] NSWSC 360
Hearing dates: 8 April 2024
Date of orders: 8 April 2024
Decision date: 08 April 2024
Jurisdiction: Common Law
Before: Chen J
Decision:
(1) The accused, Jiman Yeon, is unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) for the murder of Lindai Parker (and, to the extent necessary, the s 166 charge).
(2) The accused, Jiman Yeon, on the balance of probabilities, will not become fit to be tried for the offence during the period of 12 months after this finding of unfitness pursuant to s 47(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
(3) Order the accused be remanded in custody.
(4) List the matter in the arraignments list on 3 May 2024 for allocation of a date for a special hearing.
(5) Direct that the Director of Public Prosecutions advise as to whether or not further proceedings (being a special hearing) will be taken against the accused for the murder of Lindai Parker.

Catchwords:
MENTAL HEALTH – criminal proceedings – fitness to be tried – where accused suffering from severe chronic treatment resistant schizophrenic illness – where experts agree that the accused is unfit to be tried under s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and will not become fit to be tried within 12 months – finding that the accused is not fit to be tried and will not become fit to be tried within 12 months

Legislation Cited:
Criminal Procedure Act 1986 (NSW)
Mental Health Act 2007 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Cases Cited:
R v Risi [2021] NSWSC 769
R v Woodham [2022] NSWSC 1154

Category: Procedural rulings
Parties: Rex (Crown)
Jiman Yeon (Accused)
Representation:
Counsel:
D Patch (Crown)
M Avenell (Accused)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Accused)

File Number(s): 2022/00393777
Publication restriction: Nil

JUDGMENT

HIS HONOUR: By indictment dated 1 December 2023, Jiman Yeon (‘the accused’) is charged with the murder of Lindai Parker (‘the deceased’) between 26 and 30 December 2022 at Greendale, NSW. The accused is also charged on a certificate pursuant to s 166(1)(b) of the Criminal Procedure Act 1986 (NSW) of a related offence of knowingly contravening a prohibition/restriction in an Apprehended Domestic Violence Order.
On 8 December 2023, the charge was first listed before this Court. A question of the accused’s fitness to stand trial was raised. The accused was not arraigned, and an inquiry to determine whether he is unfit to be tried was fixed for hearing.

The statutory provisions: fitness hearings

Part 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (‘the MHCIFP Act’) deals with fitness to stand trial.
Section 36 prescribes the test for fitness:

(1) For the purposes of proceedings to which this Part applies, a person is taken to…

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 Yeon

Details

AGLC: R v Yeon [2024] NSWSC 360
Case: [2024] NSWSC 360
Decision Date: 08 April 2024

CaseChat Overview and Summary

In the case of R v Yeon, the accused was charged with various criminal offences, including assault occasioning actual bodily harm and possession of a dangerous weapon. The matter came before the court to determine the fitness of the accused to be tried, given the accused's severe chronic treatment-resistant schizophrenic illness. The court was asked to decide whether the accused met the criteria for being unfit to be tried under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

The primary legal issue before the court was whether the accused met the statutory criteria for being unfit to be tried, specifically under section 36 of the Act. This required the court to consider expert psychiatric evidence regarding the accused's mental state and the likelihood of the accused becoming fit to be tried within 12 months. Both experts agreed that the accused was currently unfit to be tried and would not become fit to be tried within the statutory timeframe. The court needed to weigh this expert evidence and determine whether it satisfied the legislative criteria for declaring an accused unfit to be tried.

After carefully considering the evidence presented by both experts, the court concluded that the accused was indeed unfit to be tried and would not become fit to be tried within 12 months. The unanimous expert opinion, supported by detailed medical reports and assessments, provided the court with sufficient grounds to find that the accused did not meet the criteria for being tried under the Act. Consequently, the court made the finding that the accused was not fit to be tried and would not become fit to be tried within 12 months, as per the statutory requirements.

Given the findings, the court issued orders in line with the statutory provisions. The accused was to be detained in a secure mental health facility, and the case was adjourned indefinitely. This decision ensures that the accused receives appropriate treatment and care while also safeguarding the rights of the community.

Orders