R v Flame [2020] NSWSC 1013

Supreme Court New South Wales

Medium Neutral Citation: R v Flame [2020] NSWSC 1013 Hearing dates: 12 June 2020 Decision date: 05 August 2020 Jurisdiction: Common Law Before: Button J Decision: Application for trial by judge alone refused. Catchwords: CRIMINAL LAW – murder – application by accused for trial by judge alone – opposed by Crown – foreshadowed defences of mental illness, substantial impairment and excessive self-defence – whether substantial impairment will require practical consideration by tribunal of fact – COVID 19 pandemic – pre-trial publicity – difficulties in judicial officer determining central normative element of substantial impairment Legislation Cited: Crimes Act 1900 (NSW), s 23A Criminal Procedure Act 1986 (NSW), ss 132, 365 Covid-19 Legislation Amendment (Emergency Measures) Act (2020) (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 38(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Cadman [2019] NSWSC 634 Fang v R [2018] NSWCCA 210 R v Gokhan Eyuboglu [2019] NSWSC 181 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v M'Naghten (1843) 8 ER 718 Category: Procedural and other rulings Parties: Regina (Crown) Mathew Flame (Accused) Representation: Counsel: L Lungo (Crown) J Stratton SC (Accused)