R v Dean [2013] NSWSC 661

Supreme Court New South Wales

Medium Neutral Citation: R v Dean [2013] NSWSC 661 Hearing dates: 14, 17 May 2013 Decision date: 22 May 2013 Jurisdiction: Common Law - Criminal Before: Latham J Decision: Leave is granted to make the application out of time. The notice of motion is dismissed Catchwords: CRIMINAL LAW - application for trial by judge alone - accused charged with multiple counts of murder and recklessly inflict grievous bodily harm - interests of justice - whether evidence so technical that jury would fail to comprehend - whether trial issue requires application of objective community standards - factual dispute concerning frequency and dosage of drug ingestion by accused to be resolved by assessment of accused's credibility and reliability - jury participation generally in the interests of justice - natural prejudice arising from nature of case Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: AK v The State of Western Australia [2008] HCA 8 Kingswell v The Queen [1985] HCA 72 ; 159 CLR 264 R v Belghar [2012] NSWCCA 86 R v King [2013] NSWSC 448 R v Milat NSWCCA 26 February 1998 Texts Cited: Buxton, "Some Simple Thoughts on Intention", [1988] Criminal Law Review 484 Category: Procedural and other rulings Parties: Regina - (Crown) Roger Dean - (Accused) Representation: Counsel M Tedeschi QC - (Crown) M Ierace SC - (Accused) Solicitors Solicitor for Public Prosecutions - (Crown) Solicitor for Legal Aid NSW - (Accused) File Number(s): 2011/370574