R v Warren Scott (No 2) [2021] NSWSC 1201

Supreme Court New South Wales

Medium Neutral Citation: R v Warren Scott (No 2) [2021] NSWSC 1201 Hearing dates: 23, 24, 26, 31 August and 14 and 16 September 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) I find the accused not guilty of murder but guilty of manslaughter. (2) The accused is convicted of manslaughter. (3) The proceedings are stood over for submissions on sentence on 7 December 2021 at 10:00am. Catchwords: CRIME — Murder — Partial defences — Substantial impairment – trial by judge alone – where accused admitted to stabbing deceased 31 times but relied on partial defence of substantial impairment – where accused was schizophrenic and non-compliant with medication due to alcohol dependence – whether capacity to understand events, judge whether actions were right or wrong or control his actions were substantially impaired by abnormality of mind or by intoxication – whether impairment so substantial as to warrant reduction in liability from murder to manslaughter – community values – accused convicted of manslaughter Legislation Cited: Crimes Act 1900 (NSW), ss 18, 23A, 428A, 428C Criminal Procedure Act 1986 (NSW), s 133 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Potts v R [2012] NSWCCA 229 Quinn v R [2018] NSWCCA 297 R v Byrne [1960] 2 QB 396 R v Eyuboglu (No 2) [2019] NSWSC 285 R v Haydar (No.3) [2017] NSWSC 159 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Quinn (No 2) [2016] NSWSC 1244 R v Trotter (1993) 35 NSWLR 428 Category: Principal judgment Parties: Regina (Crown) Warren Anthony Scott (Accused) Representation: Counsel: Ms N Keay (Crown) Ms M Avenell SC (Accused)