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Supreme Court 26 July 2013

R v John Francis Peterson

[2013] NSWSC 1002

Homicide
CRIMINAL LAW FITNESS TO STAND TRIAL

Citation: R v John Francis Peterson [2013] NSWSC 1002
Court: Supreme Court of New South Wales
Date: 26 July 2013
Judge(s): Bellew J

Background

The accused faced a charge of murder arising from an incident at Lethbridge Park, New South Wales, on or about 31 May 2012. Before any trial could proceed, the Supreme Court conducted a formal inquiry into whether the accused was fit to stand trial, as required under the Mental Health (Forensic Procedures) Act 1990.

Both the Crown and the defence approached the inquiry cooperatively. They tendered an agreed bundle of documents, including a Crown case statement and three independent medical reports, and neither party sought to cross-examine any of the medical practitioners.

The sole issue before the court was the accused's fitness to stand trial. The question of guilt or innocence was not before Bellew J, and none of the factual material from the Crown case statement had been tested.

  • Whether the question of the accused's fitness to stand trial had been raised in good faith, as required by s 10(2) of the Mental Health (Forensic Procedures) Act 1990
  • Whether the accused was fit to stand trial, assessed on the balance of probabilities under the criteria established in The Queen v Presser (1958) VR 45
  • What orders should follow upon a finding of unfitness under the Act

Decision

Bellew J first confirmed that the fitness question had been raised in good faith, satisfying the threshold requirement in s 10(2) of the Act. His Honour noted that under s 6, fitness is determined on the balance of probabilities, with no onus resting on either party under s 12(3).

The applicable legal standard came from The Queen v Presser, which sets out the minimum capacities an accused must possess to be fit for trial. These include: understanding the charge and the nature of the proceedings; following what occurs in court; understanding the substantial effect of evidence; and being able to instruct counsel and communicate a version of events. The High Court in Kesavarajah v The Queen added that the court should account for the expected length of the trial, since fitness may vary over time.

Three medical experts reported on the accused. Dr Ilana Hepner (Clinical Neuropsychologist) assessed the accused against each Presser criterion individually and concluded he did not meet the required standards. Dr Richard Furst (Forensic Psychiatrist) found the accused unfit to stand trial and unfit to plead, noting his intellectual disability was an enduring condition unlikely to resolve within 12 months. Dr Stephen Allnutt (Forensic Psychiatrist), commissioned by the Director of Public Prosecutions, expressed some qualified views but ultimately concluded the accused would be unfit in any complicated or lengthy trial.

Bellew J noted that Dr Allnutt's conditional finding of possible fitness rested on the premise of a one-to-two day trial. His Honour considered that outcome highly unlikely given the nature of the charge and the Crown case statement, a view the Crown did not contest. With three consistent and unchallenged expert opinions before him, his Honour was satisfied on the balance of probabilities that the accused was unfit to stand trial.

Orders Made

  • The accused was referred to the Mental Health Review Tribunal pursuant to s 14 of the Mental Health (Forensic Procedures) Act 1990.
  • The accused was remanded in custody until effect is given to any determination made by the Mental Health Review Tribunal.
  • The Registrar was directed to provide the Mental Health Review Tribunal with a copy of the exhibit tendered in the proceedings and a copy of the reasons.

Key Takeaways

  • The Presser criteria remain the governing standard for fitness to stand trial in NSW, requiring an accused to understand the charge, follow proceedings, comprehend the effect of evidence, and be capable of instructing counsel.
  • Under s 6 of the Mental Health (Forensic Procedures) Act 1990, fitness is determined on the balance of probabilities, and s 12(3) places no onus on either party.
  • Where a medical expert conditions a fitness opinion on the assumption of a brief trial, a court may assess whether that assumption is realistic in light of the Crown case, and discount the conditional finding accordingly.
  • Consistent, unchallenged medical evidence from multiple experts is a weighty basis for a finding of unfitness, particularly where all experts agreed the accused's intellectual disability was an enduring condition.
  • A finding of unfitness does not resolve the underlying criminal charge; it triggers referral to the Mental Health Review Tribunal under s 14 of the Act for further assessment and determination.

Legislation and Cases Referenced

Legislation
- Mental Health (Forensic Procedures) Act 1990 (NSW), ss 6, 10(2), 12(3), 14

Cases
- The Queen v Presser (1958) VR 45
- Kesavarajah v The Queen (1994) 181 CLR 230