Regina v Robert Joseph Saad [2002] NSWSC 146

New South Wales Supreme Court

CITATION : Regina v Robert Joseph Saad [2002] NSWSC 146 FILE NUMBER(S) : SC 70093/01 HEARING DATE(S) : 22 February 2002 JUDGMENT DATE : 22 February 2002

PARTIES : Regina Robert Joseph Saad JUDGMENT OF : Sully J at 1

COUNSEL : P. Dare - Crown P. Bodor QC - Prisoner SOLICITORS : S. E. O'Connor - Crown Nikola Velcic & Assoc. - Prisoner Criminal Procedure Act 1986 LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health Act 1990 DECISION : Not guilty by reason of mental illness; to be detained in the psychiatric ward of the hospital at the Long Bay Correctional Cente, or such other place as should be determined by the Mental Health Review Tribunal until released by due process of the law

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SULLY J

Friday 22 February 2002

70093/01 – REGINA v ROBERT JOSEPH SAAD

ON SENTENCE

1 HIS HONOUR: This morning the Crown called for trial in this Court Mr Robert Joseph Saad. Mr Saad appeared in custody and represented by experienced Queen's counsel. 2 An indictment was presented against Mr Saad, that indictment charging him with having, on 25 December 2000 at North Rocks in this State, murdered one Lisa Jane Daniel. 3 In what is now to follow, I shall refer to Mr Saad as "the accused" and to Miss Daniel as the victim.

4 Upon arraignment, the accused pleaded not guilty. There was thereupon tendered, and admitted into evidence as Exhibit A in the trial, a document having the effect, put simply, of the accused and the Director of Public Prosecutions both consenting to the trial of the accused by judge alone. That document is expressed to be an election made pursuant to section 32(1) of the Criminal Procedure Act 1986. In fact, the relevant law is now stated in section 16 of the same Act. 5 I was satisfied that the document represented an authentic election on the part of the accused. I was satisfied that all the other statutory requirements of section 16, and in particular sub-section 1 of that section, had been complied with. The trial of the accused has proceeded, therefore, as a trial by judge alone.