R v Fang (No. 1) [2016] NSWSC 1783

Supreme Court New South Wales

Medium Neutral Citation: R v Fang (No. 1) [2016] NSWSC 1783 Hearing dates: 17 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Allow questions of Dr Skinner as to the degree of the Accused's impairment and whether it was substantial. Catchwords: CRIMINAL LAW – murder trial - Accused relies on partial defence of substantial impairment by abnormality of mind - evidence of forensic psychiatrist - permissible areas of opinion evidence - medical opinion open on matters in s.23A(1)(a) Crimes Act 1900 - opinion may be expressed concerning degree of impairment and whether substantial - statutory prohibition upon medical opinion of matters in s.23A(1)(b) - whether impairment so substantial as to warrant liability for murder being reduced to manslaughter a question solely for the jury Legislation Cited: Crimes Act 1900 Crimes Amendment (Diminished Responsibility) Act 1997 Interpretation Act 1987 Cases Cited: Potts v R [2012] NSWCCA 229; 227 A Crim R 217 R v Trotter (1993) 35 NSWLR 428 Texts Cited: New South Wales Law Reform Commission: Report 82 (1997), "Partial Defences to Murder: Diminished Responsibility" Category: Procedural and other rulings Parties: Regina (Crown) Zhen Fang (Accused) Representation: Counsel: Mr C Maxwell QC (Crown) Mr AJ Bellanto QC; Ms YC Lin (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Andrew Scali (Accused) File Number(s): 2014/291301 Publication restriction: ---