R v Papanicolaou (No 1) [2021] NSWSC 659

Supreme Court New South Wales

Medium Neutral Citation: R v Papanicolaou (No 1) [2021] NSWSC 659 Hearing dates: 09 June 2021 Date of orders: 09 June 2021 Decision date: 09 June 2021 Jurisdiction: Common Law Before: Wright J Decision: 1. Vacate the trial to commence on 10 June 2021 in this matter. 2. List the matter in the Arraignments List on 2 July 2021. Catchwords: CRIMINAL LAW – Indonesian accused charged with murder – Issue of whether accused was substantially impaired within s 23A of the Crimes Act 1900 (NSW) raised – Defence application to vacate trial date – Vacation said to be required so as to allow proper investigation and consideration of issues, including transcultural psychiatric issues, raised in report of an Indonesian psychiatrist – Vacation said to be required so as to allow proper investigation and consideration of whether MRI should be obtained to: (a) determine whether the accused suffered a traumatic brain injury as a result of a motor vehicle accident leaving her in a coma for two weeks when she was six years old; and (b), if so, the extent to which this was relevant to the issue of substantial impairment within s 23A of the Crimes Act – Application to vacate trial granted Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: R v Alexandroaia (1995) 81 A Crim R 286 R v Boyd [2017] NSWSC 1099 R v Hunter [2013] NSWSC 1713 Category: Procedural rulings Parties: Regina (Crown) Hanny Papanicolaou (Accused) Representation: Counsel: C Maxwell QC (Crown) T Quilter (Accused)