R v Colin Maxwell FARROW (No 2) [2015] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: R v Colin Maxwell FARROW (No 2) [2015] NSWSC 109 Hearing dates: 3, 4, 5, 9, 10, 11, 12, 13, 17, 18, and February 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Common Law Before: Rothman J Decision: Accused found guilty of the murder of Linda Jane Stevens. Catchwords: CRIMINAL LAW - murder - trial by judge alone - whether accused guilty or not guilty - defense of mental illness Cases Cited: Broadhurst v R [1964] AC 441 Edwards v R [1993] HCA 63; (1993) 178 CLR 193 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; (2014) 88 ALJR 754 R v Farrow [2014] NSWSC 1781 Tripodi v R [1961] ALR 780; (1961) 104 CLR 1 Category: Principal judgment Parties: Regina (Crown) Colin Maxwell Farrow (Accused) Representation: Counsel: E. Wilkins SC (Crown) I. Todd (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2013/119978 Publication restriction: None

JUDGMENT 1. HIS HONOUR: Colin Maxwell Farrow (the accused) is charged that on 11 April 2013 he murdered Linda Stevens. The accused applied for a trial by judge alone, which, despite the non-agreement of the prosecutor, was ordered: see R v Farrow [2014] NSWSC 1781. 2. It is necessary to deliver a verdict, being a finding that could have been made by a jury, and including in it the principles of law I have applied and the findings of fact that form the basis for the verdict. 3. Apart from the duty of the Crown to prove guilt of the offence beyond reasonable doubt, the accused also raises insanity as a defence and, as a consequence, the accused is required to prove, on the balance of probabilities, that he is not guilty by reason of mental illness.