R v Peterson (No. 4) [2014] NSWSC 1056

Supreme Court New South Wales

Medium Neutral Citation: R v Peterson (No. 4) [2014] NSWSC 1056 Hearing dates: 21- 25, 28 July 2014 Decision date: 06 August 2014 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: The accused is not guilty of murder. On the limited evidence available, the accused committed the offence of manslaughter of Rafik Makaradi on 30 May 2012. Catchwords: CRIMINAL LAW - special hearing - murder - manslaughter - substantial impairment - whether accused would have been guilty of murder or manslaughter in a normal criminal trial Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Crimes Act 1900 (NSW) Cases Cited: Potts v R [2012] NSWCCA 229 R v Peterson [2013] NSW 1002; R v Peterson (No 2) [2014] NSWSC 966 Travel Compensation Fund v Tambree (t/as R Tambree and Associates) [2005] HCA 69; (2005) 224 CLR 627 Subramaniam v The Queen (2004) 79 ALJR 116 Category: Principal judgment Parties: The Queen (Crown) John Francis Peterson (Accused) Representation: Counsel: C Maxwell QC (Crown) C Smith (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2012/173835

Judgment 1These reasons are my determination of the question of whether the accused murdered Rafik Makaradi sometime between 6 pm on 30th May 2012 and 6 am 31st May 2012 at Lethbridge Park, or, in the alternative, committed the offence of manslaughter.