R v Reay [2021] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: R v Reay [2021] NSWSC 311 Hearing dates: 15 March – 26 March 2021 Decision date: 31 March 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: The accused is guilty of murder Catchwords: CRIME – murder – judge alone trial – intention to inflict at least grievous bodily harm proved – self‑defence disproved – evidence of accused rejected – tendency evidence considered Legislation Cited: Crimes Act 1900 (NSW), Pt 11 Div 3 Criminal Procedure Act 1986 (NSW), ss 133(2), 283B(3) Criminal Procedure Regulation 2017 (NSW), r 91 Evidence Act 1995 (NSW), s 90 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Pt 9 Mental Health Act 2007 (NSW) Cases Cited: Wilson v the Queen (1992) 174 CLR 313; [1992] HCA 31 Category: Principal judgment Parties: Regina Richard Jason Reay Representation: Counsel: Mr J Stanhope (Crown) Mr A Webb (Accused)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2019/197995

Judgment 1. HIS HONOUR: The accused is charged with the murder of Mr Geoffrey John Fardell at the Mid North Coast Correctional Centre, on or about 10 June 2019. 2. The accused has pleaded not guilty. At his election and with the consent of the Crown the trial has proceeded without a jury. I am satisfied that the formal requirements for this to occur have been complied with. [1] 3. When arraigned at the commencement of the trial the accused pleaded that he was not guilty of murder but guilty of manslaughter. The Crown did not accept the plea to manslaughter. 4. At the conclusion of the trial, counsel for the accused made clear that his client contends he should be found not guilty of murder but guilty of manslaughter by way of either an unlawful and dangerous act or excessive self-defence.