R v Camilleri [2020] NSWSC 951

Supreme Court New South Wales

Medium Neutral Citation: R v Camilleri [2020] NSWSC 951 Hearing dates: 20 July 2020 Date of orders: 20 July 2020 Decision date: 24 July 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1. Application for trial by judge alone pursuant to s 132 of the Criminal Procedure Act is refused, and the Notice of Motion filed on 1 July 2020 is dismissed; 2. Reasons reserved; 3. Adjourned to the Arraignments List on 7 August 2020 at 10am (or such other time as advised by the Court) for mention, for a trial date to be fixed; 4. An estimate of five days for trial is noted; 5. Bail not applied for and refused; 6. s 77 order for the accused's attendance via AVL; 7. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) there is to be no publication of the evidence relied upon in support of the Notice of Motion filed on 1 July 2020, or of the reasons of the Court in refusing the application, pending further order Catchwords: CRIMINAL LAW – trial proceedings – murder – application for trial by judge alone – single factual issue in dispute – substantial impairment – application of community standards – importance of community participation Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) COVID-19 Legislation (Emergency Measures) Act 2020 (NSW) Crimes Act 1900 (NSW) Crimes Amendment (Diminished Responsibility) Bill 1997 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Jury Act 1977 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Long v R [2002] QSC 54; (2002) 128 A Crim R 11 R v Ahmed [2019] NSWSC 55 R v Bretherton [2013] NSWSC 1036; (2013) 233 A Crim R 427 R v Burrell [2009] NSWCCA 193 R v D'Arcy [2003] QCA 124; (2003) 140 A Crim R 303 R v Davidson (No 2) [2019] NSWSC 1011 R v Dudko [2002] NSWCCA 336; (2002) 132 A Crim R 371 R v Eyuboglu [2019] NSWSC 181 R v Hadler [2018] NSWSC 1151 R v Haydar [2017] NSWSC 127 R v Homann [2018] NSWSC 198 R v Hucker [2002] NSWSC 1068 R v Hutchison, Wilkinson & Greentree [2018] NSWSC 1513 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Jamal [2008] NSWCCA 177; (2008) 191 A Crim R 1 R v Richards [1999] NSWCCA 114; (1999) 107 A Crim R 318 R v Villalon [2013] NSWSC 1516 Category: Principal judgment Parties: Regina (Crown) Jessica Camilleri (Accused) Representation: Counsel: G Harrison (Crown) N Steel (Accused)