R v Weismantel (No 4) [2015] NSWDC 389

District Court New South Wales

Medium Neutral Citation: R v Weismantel (No 4) [2015] NSWDC 389 Hearing dates: 26 June 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Leave granted

Order that accused be tried by Judge alone Catchwords: CRIMINAL LAW – Practice and procedure – Application for leave to apply for trial by Judge alone – Accused putting Crown to proof – Evidence of most witnesses to be adduced via statements – No issue of credit – No factual issue requiring the application of objective community standards – Issue of the accused's mental state and his ability to give attention to a lengthy trial – Need for a form of trial that meets the requirements of an accused's medical condition - Accused may not recollect why or in what circumstances or how the offence was committed – In the interests of justice that reasoned explanation of why or why not the accused might be guilty of the offence

CRIMINAL LAW – Practice and procedure – Application for leave to apply for trial by Judge alone – Question of whether the harm inflicted upon the victim was grievous bodily harm or actual bodily harm is necessarily a matter for a jury – Judge with some experience in the field can adequately determine that matter as well as a jury can or ought or would Legislation Cited: Criminal Procedure Act 1986 Mental Health Act 2007 Cases Cited: R v Belghar [2012] NSWCCA 86 R v Dean [2013] NSWSC 661 R v King [2013] NSWSC 448 Category: Procedural and other rulings Parties: Blake Weismantel (Applicant/Accused) Crown (Respondent/Crown) Representation: Counsel: Mr S Schaudin (Applicant/Accused) Mr P Kerr (Respondent/Crown)