R v Aliwijaya [2012] NSWSC 503 (16 May 2012)


CRIMINAL LAW – procedure – determination as to fitness to be tried

CRIMINAL LAW – murder – trial by judge alone – offence committed whilst accused suffering acute symptoms of schizophrenic illness – consensus between expert psychiatrists as to mental illness defence – defence established

“33. The reports of the two psychiatrists were admitted by consent of both the Crown and the accused. The contents of the reports were uncontested and no order was sought limiting the use to be made of that evidence. In those circumstances, the reports are admissible to prove the accused’s version of events: s 60 of the Evidence Act 1995 ; R v Welsh (1996) 90 A Crim R 364 at 367-369. It is apparent from their opinions that both psychiatrists accepted the accused’s account as to his past perceptions. I am satisfied on that basis that I can rely on the reports as recording a genuine account of the accused’s state of mind at relevant times. “