R v Andrews [2022] NSWDC 743

District Court New South Wales

Medium Neutral Citation: R v Andrews [2022] NSWDC 743 Hearing dates: 4 – 7 October 2022, 10 – 11 October 2022, 13 - 17 October 2022 Decision date: 27 October 2022 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: Pursuant to s 59(1)(c) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), on the limited evidence available, the defendant is found to have committed the offences charged in all 5 counts on the indictment Catchwords: CRIME – Principal judgment - Intentionally cause fire and be reckless as to its spread – Judge alone trial - Special hearing pursuant to Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – Circumstantial Crown case Legislation Cited: Crimes Act 1900 (NSW), ss 4A, 203E, 203D Criminal Procedure Act 1986 (NSW), s 133 Evidence Act 1995 (NSW), s 97 Rural Fires Act 1997 (NSW), s 100(1)(a) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 14 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 54 Cases Cited: De Silva v The Queen [2019] HCA 48 Elomar v The Queen (2014) 316 ALR 206 Liberato v The Queen (1995) 159 CLR 507 R v Baden-Clay (2016) 258 CLR 308 R v Kinsela [2003] NSWCCA 92 Shepherd v The Queen (1990) 170 CLR 573 Townsend v The King [2022] VSCA 201 Wiggins v R [2020] NSWCCA 256 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Shane Andrews (Defendant) Representation: Counsel: Ms C Dobraszczyk (Crown) Mr B Pierce (Defendant) File Number(s): 2020/00304121 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), there is to be no publication of the assumed identity of the undercover operative, or of any document or evidence that identifies, or might facilitate the identification of, the assumed identity of the witness.