R v Krey (No 3) [2020] NSWSC 1811

Supreme Court New South Wales

Medium Neutral Citation: R v Krey (No 3) [2020] NSWSC 1811 Hearing dates: 28, 29, 30 September; 1, 2, 6, 7, 9, 12, 13, 14, 15, 16 October 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Ierace J Decision: The accused is found not guilty of murder, but guilty of manslaughter. Catchwords: CRIMINAL LAW – trial by judge alone – single count of murder – elements of murder established – whether partial defence of substantial impairment established – s 23A of the Crimes Act 1900 (NSW) – where there is evidence of the accused having a complex Post-Traumatic Stress Disorder, Foetal Alcohol Spectrum Disorder and an intermittent explosive disorder – where the accused's capacity to control himself in the weeks leading to the incident deteriorated – accused found guilty of manslaughter Legislation Cited: Crimes Act 1900 (NSW), ss 18, 23A Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW), s 165 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Quinn v R [2018] NSWCCA 297 R v Billy Krey (No 2) [2020] NSWSC 199 R v Billy Krey [2019] NSWSC 762 R v Byrne [1960] 2 QB 396 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed, 2013) ("DSM-V") Australian Government, Department of Health, Australian Guide to the diagnosis of FASD (updated February 2020) Category: Principal judgment Parties: Regina Billy Krey (Accused) Representation: Counsel: G Tabuteau (Crown) G Scragg (Accused)