NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v White [2022] NSWSC 1060 Hearing dates: 3 August 2022 Decision date: 08 August 2022 Jurisdiction: Common Law Before: Ierace J Decision: Application for order for trial by judge alone dismissed. Catchwords: CRIME – application for trial by judge alone – where prosecution does not consent to such an order – where accused charged with murder and firearms offences – where defence may raise partial defence of substantial impairment – where forensic psychiatrists to be called as expert witnesses – whether in the interests of justice to order a trial by judge alone Legislation Cited: Crimes Act 1900 (NSW), ss 4C, 23A, 33A, 93GA Criminal Procedure Act 1986 (NSW), ss 132 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 5, 28 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Potts v R (2012) 227 A Crim R 217; [2012] NSWCCA 229 R v Kerollos [2020] NSWSC 1758 R v Hadler [2018] NSWSC 1151 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed, 2013) ("DSM-V") Category: Procedural rulings Parties: Regina Bradley Jason Mark White (Accused) Representation: Counsel: K Ratcliffe (Crown) W Calokerinos (Accused)
Solicitors: Solicitor for Public Prosecutions (NSW) Dib & Associates Lawyers File Number(s): 2020/85581
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