GLASCOTT v THE KING

80 VR 167·Emerton P, Taylor and Kidd JJA
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80 VR 167
GLASCOTT v THE KING Court of AppealEmerton P, Taylor and Kidd JJA 12 August 2025, 18 March 2026[2026] VSCA 42Criminal law — Fitness to stand trial — Finding of permanent unfitness — Non-compliance with three-month time limit to hold special hearing into fitness — Whether delayed special hearing invalid — Whether fresh indictment required new finding of unfitness — Whether permanent stay justified — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 6, 9, 14F.

G was charged with multiple offences. The trial judge found him unfit to stand trial within the meaning of s 6 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). The trial judge also found it unlikely G would become fit within 12 months.

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