Catchwords
Criminal law – Unfitness to be tried - Attorney-General directed that a "special hearing" under the Mental Health (Criminal Procedure) Act 1990 (NSW) ("the Act") be conducted in respect of charges against the appellant - Whether and in what circumstances a "special hearing" should be stayed - Whether "special hearing" conducted in compliance with conditions and procedures required by the Act - Adequacy of trial judge's directions to the jury.
Practice and procedure – Trials conducted as "special hearings" under the Act - Jury directions.
Words and phrases – "unfit to be tried", "special hearing", "substantial miscarriage of justice".
Mental Health (Criminal Procedure) Act 1990 (NSW) – ss 19, 21(4).