NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v McKnight [2014] NSWSC 398 Hearing dates: 4 April 2014 Decision date: 09 April 2014 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1)Grant leave to the accused to make application for a trial by judge order. (2)Application for trial by judge order refused. (3)Direct the accused to file and serve on the Crown a notice in accordance with the provisions of s 151 Criminal Procedure Act 1986 (NSW) within 14 days of the date hereof. (4)Direct that the Director of Public Prosecution by notice in writing indicate whether he seeks to call evidence to disprove the contention of substantial mental impairment before or after the evidence for the accused in accordance with s151(3) Criminal Procedure Act. (5)For the prevention of prejudice to the proper administration of justice the publication of these orders and my reasons for them is restricted under s 7 Court Suppression and Non Publication Orders Act 2010 (NSW) until the return of the jury's verdict in the trial, publication to the parties and their legal representatives excepted. Catchwords: CRIMINAL LAW - practice and procedure - application for a trial by judge alone - whether in the interests of justice Legislation Cited: Court Suppression and Non Publication Orders Act 2010 (NSW) s 7 Crimes Act 1900 (NSW) s 23A Criminal Procedure Act 1986 (NSW) ss 132, 132A, 151 Cases Cited: Pambula District Hospital v Herriman (1988) 14 NSWLR 387 R v Belghar [2012] NSWCCA 86; R v Fardon [2010] QCA 317; R v Glennon (1992) 173 CLR 592 R v Hubbert (1975) 29 C.C.C. (2D) 279; R v King [2013] NSWSC 448 R v Stanley [2013] NSWCCA 124; Swain v Waverley Municipal Council (2005) CLR 517, TVM v State of Western Australia [2007] WASC 299. Category: Interlocutory applications Parties: Regina (Crown) Michael McKnight (Accused) Representation: Counsel: Mr J Pickering SC (Crown) Mr G Brady (Accused) Solicitors: Solicitor for Public Prosecutions (Crown) Nyman Gibson Stewart (Accused) File Number(s): 2012/104525
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