R v Haydar (No.3) [2017] NSWSC 159

Supreme Court New South Wales

Medium Neutral Citation: R v Haydar (No.3) [2017] NSWSC 159 Hearing dates: 22 February 2017; 23 February 2017; 24 February 2017; 27 February2017; 7 March 2017; 20 March 2017; 21 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) I find the accused guilty of the offences in Counts 1 and 2 of the Indictment presented on 22 February 2017. (2) I direct that convictions be entered for the offence of murder, and the offence of wounding with intent to cause grievous bodily harm. (3) I stand the proceedings over to 2pm on 5 May 2017 for proceedings on sentence. Catchwords: CRIMINAL LAW – murder – trial by judge alone CRIMINAL LAW – wounding with intent to cause grievous bodily harm – trial by judge alone CRIMINAL LAW – defence of substantial impairment by abnormality of mind – depression – whether capacity to control self substantially impaired – whether impairment so substantial so as to warrant reduction of liability from murder to manslaughter CRIMINAL LAW – murder – whether intent to kill or intent to inflict grievous bodily harm Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: R v Haydar (No.2) [2017] NSWSC 131 Texts Cited: Not applicable Category: Principal judgment Parties: The Crown Haydar Haydar (Accused) Representation: Counsel: M Barr (Crown) J Stratton SC (Accused)