R v Hawkins (No 7) [2020] NSWSC 1381

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins (No 7) [2020] NSWSC 1381 Hearing dates: 2 and 6 October 2020 Date of orders: 2 and 6 October 2020 Decision date: 06 October 2020 Jurisdiction: Common Law Before: Lonergan J Decision: That part of Dr Furst's report stating "such that Mr Hawkins feared for his life, and probably the life of his children and best friend Scott on the day in question" may not be led in evidence before the Jury. Catchwords: EVIDENCE – opinion evidence – exceptions – expert opinion – objection to part of expert report of forensic psychiatrist – aspect of evidence not based on expert opinion but on "belief" – evidence excluded Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Regina (Crown) Daniel Mark Hawkins (Accused) Representation: Counsel: G Turner (Crown) N Steel (Accused)

Solicitors: Director of Public Prosecutions (NSW) (Crown) Zhai & Associates Lawyers (Accused) File Number(s): 2018/378301 Publication restriction: Nil

Judgment 1. In defence to the charge of murder, the accused says that he acted in self-defence. The question of self-defence is partly informed by the fact that at the time he shot the deceased on 8 December 2018, the accused says that he was suffering from the ongoing effects of post-traumatic stress disorder (PTSD). 2. An issue has arisen regarding the evidence to be given in the defence case by Dr Furst. Dr Furst is a Consulting Forensic Psychiatrist. He assessed the accused on 26 July 2019 and provided a report dated 27 August 2019. 3. In the report Dr Furst concluded that the accused was suffering from PTSD, substance abuse disorder (in remission given his custodial situation) and a history of ADHD. 4. The Crown retained Dr Martin, Forensic Psychiatrist, to comment on Dr Furst's opinion. In a report dated 14 February 2020, Dr Martin disagreed that PTSD had any relevant role to play in the offending. Dr Martin is to be called tomorrow in the Crown case and so a ruling is required today.