R v Warren Scott [2021] NSWSC 1004

Supreme Court New South Wales

Medium Neutral Citation: R v Warren Scott [2021] NSWSC 1004 Hearing dates: On the papers Date of orders: 11 August 2021 Decision date: 11 August 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) Leave is granted pursuant to s 132A of the Criminal Procedure Act 1986 (NSW). (2) Pursuant to s 132(4) of the Criminal Procedure Act 1986 (NSW) order that the trial of Warren Anthony Scott for the murder of Edward Carter on 4 April 2019 at Eden in the State of New South Wales, be heard by judge alone. Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone — application made by accused person and opposed by Crown – whether in interests of justice – where defendant relies on partial defence of substantial impairment – where defendant relies in the alternative on intoxication in relation to intention – where experts agree that defendant was suffering schizophrenia – where main issue is whether defendant's actions were caused by intoxication or substantial abnormality of mind – application of community standards – COVID-19 restrictions – suspension of jury trials – relevance of s 365, Criminal Procedure Act – defendant likely to be held on remand for 3 years by the time a jury trial could proceed – application for trial by judge alone granted Legislation Cited: Crimes Act 1900 (NSW), ss 23A, 428C(1), 428E(1)(a) Criminal Procedure Act 1986 (NSW), ss 132, 132A, 365 Cases Cited: R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1 R v Flame [2020] NSWSC 1013 R v Gokhan Eyuboglu [2019] NSWSC 181 R v Hadler [2018] NSWSC 1151 R v Jaghbir (No 2) [2020] NSWSC 955 R v Kerollos [2020] NSWSC 1758 R v Quinn (No 2) [2016] NSWSC 1244 R v Stanley [2013] NSWCCA 124 Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4 Category: Procedural rulings Parties: Regina (Crown) Warren Anthony Scott (Accused) Representation: Counsel: Ms N Keay (Crown) Ms M Avenell SC (Accused)