R v JM (Verdict) [2024] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: R v JM (Verdict) [2024] NSWSC 773 Hearing dates: 20 May 2024, 21 May 2024, 22 May 2024, 23 May 2024, 24 May 2024, 27 May 2024, 28 May 2024, 29 May 2024, 30 May 2024, 31 May 2024 and written submissions dated 7 June 2024 and 11 June 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: Count 1: the accused is not guilty of murder but guilty of manslaughter. Count 2: the accused is not guilty of wounding with intent to cause grievous bodily harm. Catchwords: CRIMINAL LAW – murder – wounding with intent to inflict grievous bodily harm – trial by judge alone – where the accused a young person at the time of the alleged offences – stabbing – Beef Week – melee at a KFC restaurant – numerous young persons involved – where the event is captured by CCTV and mobile phone – where the deceased exhibited significant animus towards the accused – where the accused suffers from a cognitive impairment – Foetal Alcohol Spectrum Disorder (FASD) – defence of substantial impairment – self-defence – knuckledusters – guitar capo – whether the accused believed his conduct was necessary in order to defend himself – whether the conduct of the accused was a reasonable response to the circumstances as he perceived them – excessive self-defence – accused not guilty of murder but guilty of manslaughter on the basis of excessive self-defence – accused not guilty of wounding with intent to cause grievous bodily harm – orders made Legislation Cited: Crimes Act 1900 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v JM [2024] NSWSC 584 Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191 R v Katarzynski [2002] NSWSC 613 R v Smith (1837) 8 C&P 173 Category: Procedural rulings Parties: Rex (Crown) JM (Accused) Representation: Counsel: B Campbell (Crown) J Watts (Accused)