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Supreme Court 30 August 2002

R v Farrell

[2002] NSWSC 752

Homicide
CRIMINAL LAW MURDER FITNESS TO PLEAD

Citation: R v Farrell [2002] NSWSC 752
Court: Supreme Court of New South Wales
Date: 30 August 2002
Judge(s): Sperling J

Background

The accused faced a charge that on 1 June 2001, at Warrawee in New South Wales, he murdered his sister. Police facts tendered in evidence described the accused waking his mother in the early hours, making statements suggesting his sister was in trouble, and later saying "I'm sorry." The victim told her father before she died that the accused had stabbed her. She was pronounced dead at Hornsby Hospital later that morning.

The Solicitor General, acting as delegate of the Attorney General, determined under s 8 of the Mental Health (Criminal Procedure) Act 1990 that an inquiry should be held into whether the accused was fit to stand trial. The accused elected to have the fitness question determined by a judge alone, and psychiatric evidence confirmed he had capacity to make that election.

Sperling J conducted the fitness inquiry on 26 August 2002 and delivered his reasons on 30 August 2002.

  • Whether the accused was fit to be tried for murder, assessed against the minimum standards required for a fair trial
  • Whether the accused's mental condition, specifically chronic paranoid schizophrenia, prevented him from meeting those minimum standards
  • What orders followed upon a finding of unfitness under the Mental Health (Criminal Procedure) Act 1990

Decision

Sperling J applied two established tests for fitness to be tried. The Court of Criminal Appeal in Dennison (1988) identified the relevant capacities as: understanding the proceedings, giving instructions, formulating a plea, and following what takes place at trial. The Victorian Supreme Court in Presser [1958] VR 45 set out a fuller statement of the minimum standards, including the ability to understand the charge, enter a plea, follow the evidence, and give a version of the facts to counsel.

Three psychiatrists gave evidence: two retained by the defence (Dr Samuels and Dr Westmore) and one retained by the Crown (Dr Skinner). All three reached materially the same conclusion on the fitness question. Their opinions converged on the view that the accused suffered from chronic paranoid schizophrenia and was not fit to plead or stand trial.

Dr Skinner's evidence was that, although the accused was intelligent and understood court procedures, he held a delusional belief that his sister was not dead and that his actions had caused her no injury. This meant he could not rationally decide on a plea, could not give proper instructions to his solicitor, and could not genuinely consider a defence of mental illness, because he had no insight into his own illness. The other two psychiatrists' opinions were to the same effect.

Sperling J was satisfied on the balance of probabilities, as required by the Act, that the accused was unfit to be tried. Under s 14 of the Act, a referral to the Mental Health Review Tribunal was mandatory.

Orders Made

  • The accused was found unfit to be tried for the offence of murder.
  • An order was made referring the accused to the Mental Health Review Tribunal.
  • Any order requiring the accused's attendance at court on 27 August 2002 was vacated.

Key Takeaways

  • The fitness to plead inquiry under the Mental Health (Criminal Procedure) Act 1990 is determined on the balance of probabilities, and the onus of proof does not rest on any particular party.
  • Under the Presser standard, an accused must meet minimum cognitive and communicative thresholds before a trial can proceed fairly, including the ability to instruct counsel, enter a considered plea, and understand the substantial effect of evidence against them.
  • Delusional beliefs that directly contradict the factual basis of the charge (here, that the victim was not dead and had not been injured) can render an accused unfit to plead, even where that person possesses general intelligence and an understanding of court procedures.
  • Where all psychiatric evidence points in the same direction on the fitness question, a court is likely to find the matter readily established on the balance of probabilities.
  • A finding of unfitness under the Act triggers a mandatory referral to the Mental Health Review Tribunal; the matter does not simply end there.

Legislation and Cases Referenced

Legislation
- Mental Health (Criminal Procedure) Act 1990 (NSW), ss 6, 8, 10, 11A, 12, 14

Cases
- Dennison (Court of Criminal Appeal NSW, 3 March 1988, unreported)
- Presser [1958] VR 45