The County Court found the accused unfit to be tried for seven Commonwealth dishonesty offences (fraudulent GST refund claims totalling over $8 million attempted and $42,752 obtained) due to treatment-resistant schizophrenia, applying the Presser criteria via the CMIA as picked up by ss 68 and 79 of the Judiciary Act 1903 (Cth). Having established a prima facie case on the evidence taken at its highest (following the Sharrouf approach), and finding the accused unlikely to become fit within 12 months, the Court declined to dismiss the charges under s 20BA(2) given the seriousness of the offending, and instead ordered conditional release under s 20BC(5) for 12 months requiring the accused to remain in the care of a mental health rehabilitation unit and comply with treatment directions. The Court confirmed that the fitness investigation under s 20B can proceed without an indictment being filed where the matter has been referred from the Magistrates' Court at the committal stage.
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