R v Haydar (No.2) [2017] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: R v Haydar (No.2) [2017] NSWSC 131 Hearing dates: 21 February 2017 Date of orders: 22 February 2017 Decision date: 07 March 2017 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Order that: (1) Pursuant to section 132A(1) of the Criminal Procedure Act 1986, the accused be granted leave to apply for a trial by judge alone; and (2) Pursuant to section 132 of the Criminal Procedure Act 1986, the accused be tried for murder, wounding with intent to cause grievous bodily harm, and, in the alternative to the count of wounding, reckless wounding, commencing on 23 February 2017, by judge alone without a jury. Catchwords: CRIMINAL LAW – application for trial by judge alone – murder – application of community standards – substantial impairment by abnormality of mind Legislation Cited: Bail Act 2013 Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Jury Act 1995 Cases Cited: R v Haydar [2017] NSWSC 127 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Haydar Haydar (Applicant) Representation: Counsel: M Barr (Crown) J Stratton SC (Applicant)

Solicitors: Director of Public Prosecutions (Crown) Zahr Partners (Applicant) File Number(s): 2015/95401 Publication restriction: Not applicable

Judgment 1. On 21 February 2017, the accused, Haydar Haydar, made an oral application seeking an order pursuant to s 132 of the Criminal Procedure Act 1986, that he be tried by a judge alone. 2. This is the second such application. The first was made on 9 February 2017, and was, for the reasons which were given orally on that day, dismissed: see R v Haydar [2017] NSWSC 127 ("the first judgment"). 3. The present application was made in the context of significantly different circumstances. It will be necessary to recite that context, but it is unnecessary to repeat all that was written in the first judgment. Familiarity with that judgment is assumed. 4. On the morning of 22 February 2017, I ordered that the trial of Mr Haydar proceed before a judge alone. I indicated that I would give reasons in due course. These are those reasons.