R v Murray [2023] NSWSC 589

Supreme Court New South Wales

Medium Neutral Citation: R v Murray [2023] NSWSC 589 Hearing dates: 22 May 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1) The application for trial by judge alone under s 132 Criminal Procedure Act 1986 (NSW) is refused. (2) Under s 7 Court Suppression & Non-Publication Orders Act 2010 (NSW) on the ground specified in s 8(1)(a) of the said Act that it is in the interest of the administration of criminal justice, these reasons for judgment are not to be published except to the legal representatives of the parties and on the restricted case law website until the delivery of the jury's verdict at trial. Catchwords: CRIMINAL PROCEDURE — murder — application for trial by judge alone — whether trial by judge alone is in the interests of justice — central issue is whether the accused has a mental health impairment and could satisfy the defence or a substantial impairment partial defence — accused's drug use, immoral conduct and criminal conduct said to be intertwined in relevant records Legislation Cited: Crimes Act 1900 (NSW) ss 18(1)(a), 23A, 421; Criminal Procedure Act 1986 (NSW) s 132 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 28(1) Cases Cited: Pambula District Hospital v Herriman (1988) 14 NSWLR 387 R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1 R v Camilleri [2020] NSWSC 951; (2020) 287 A Crim R 85 R v Fardon [2010] QCA 317 R v Flame [2020] NSWSC 1013 R v McNeil [2015] NSWSC 357; (2015) 250 A Crim R 12 R v Miller [2022] NSWSC 802 R v Simmons; R v Moore (No 4) [2015] NSWSC 259; 249 A Crim R 120 R v Tonga [2020] NSWSC 1829 R v Villalon [2013] NSWSC 1516 R v White [2022] NSWSC 1060 TVM v State of Western Australian [2007] WASC 299; (2007) 180 A Crim R 183 Subramaniam v The Queen [2004] HCA 51; (2004) ALJR 116 Category: Procedural rulings Parties: Rex (Crown) Graeme Leslie Murray (Accused) Representation: Counsel: S. Lind (Crown) C. Wasley (Accused)