Feili v R

[2015] NSWCCA 43

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Fitness to be tried
4. › Accused sleeping during trial
5. › Whether trial judge erred in finding accused fit to be tried
6. › Whether ameliorative measures appropriately considered
7. › Presser criteria applied in reasonable and commonsense fashion
8. › Mental Health (Forensic Provisions) Act 1990 (NSW), ss 6, 9-13, 15
1. Criminal Law
2. › Fitness to be tried
3. › Relevant principles
4. › Capacity of accused to understand proceedings
5. › Reduced capacity distinguished from denial of capacity
6. › Role of ameliorative measures
7. › R v Presser [1958] VR 45
8. › Kesavarajah v The Queen (1994) 181 CLR 230
1. Appeal
2. › Standard of appellate review
3. › Appeal from fitness determination
4. › Whether House v The King principles apply
5. › Whether conclusion open on the evidence
6. › Criminal Appeal Act 1912 (NSW), s 6(1)

Quick Take

An accused who sleeps at times during trial due to depression-related insomnia is not necessarily unfit to be tried where ameliorative measures are available, including the capacity of legal representatives to inform the accused of evidence missed. A reduced capacity to meet the Presser criteria does not constitute unfitness; only a denial of capacity does. The fitness inquiry is to be approached in a practical, reasonable and commonsense fashion.