R v Mazzara [2007] NSWDC 102

New South Wales District Court

CITATION: R v Mazzara [2007] NSWDC 102 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 27 April 2007, 17 May 2007

JUDGMENT DATE: 17 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: Verdict of not guilty; The accused is acquitted of the count.

CATCHWORDS: Trial by Judge alone - Robbery armed with dangerous weapon - Intent: Accused's capacity - Defence of claim of right - Accused's belief - Prasad direction

Criminal Procedure Act 1986 LEGISLATION CITED: Crimes Act 1900 District Court Rules Mental Health (Criminal Procedure) Act 1990

R v Minani [2005] NSWCCA 226 R v Damic [1982] 6 ACrimR 35 R v Fuge [2001] NSWCCA 208 CASES CITED: R v Langham (1984) 36 SASR 48 R v Lopatta (1983) 35 SASR 101 Fleming v The Queen (1998) 197 CLR 250 R v Prasad (1979) 23 SASR 161; 2 A Crim R 45

PARTIES: Regina Giuseppe Mazzara

FILE NUMBER(S): 06/21/3272

COUNSEL: Crown: C. Everson Defence: N. Mikhaiel

SOLICITORS: DPP: E. Winbourne Defence: K. Browne

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JUDGMENT

Indictment

1 On 27 April, 2007 the accused, Giuseppe Mazzara, was arraigned on an indictment brought under section 97(2) of the Crimes Act, 1900, as follows: On 15 August, 2006, at Liverpool in the state of New South Wales, being armed with a dangerous weapon, namely an imitation self-loading pistol, robbed Hilal Akloudis of $40, the property of Hilal Akloudis, trading as Mitre 10 Handy. 2 The accused pleaded not guilty. Election: Trial by Judge alone