R v Homann [2018] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: R v Homann [2018] NSWSC 198 Hearing dates: 26 February 2018 Date of orders: 27 February 2018 Decision date: 27 February 2018 Jurisdiction: Common Law Before: McCallum J Decision: Accused's application for an order for trial by judge alone refused Catchwords: CRIME – procedure – trial for murder – application by accused for an order that he be tried by a judge alone – where self-defence and defences of mental illness and substantial impairment to be raised – complexity of expert evidence and legal issues – difficulty of distinguishing between chronic psychotic disorder and drug-induced psychosis – whether issues raised by defences more appropriately determined by a judge – consideration of relevance of requirement for a judge to give reasons for verdict – prospect of distressing evidence and evidence of unlawful conduct on the part of the accused – whether likely to excite emotional response in jury Legislation Cited: Corporations Act 2001 (Cth) Crimes Act 1900 (NSW) s 23A Criminal Procedure Act 1986 (NSW) ss 132, 132A, 142 Jury Act 1977 (NSW), Schedule 1, cl 5A Cases Cited: Arthurs v The State Of Western Australia [2007] WASC 182 R v Adams (No 2) [2016] NSWSC 1359 R v Belghar (2012) 217 A Crim R 1; [2012] NSWCCA 86 R v Bretherton [2013] NSWSC 1036 R v Gittany [2013] NSWSC 1503 R v Haydar [2017] NSWSC 127 R v Simmons; R v Moore (No 4) [2015] NSWSC 259 R v Stanley [2013] NSWCCA 124 R v Villalon [2013] NSWSC 1516 Category: Procedural and other rulings Parties: Regina Joshua Scott Homann (Accused) Representation: Counsel: S Hughes (Crown) P Lange (Accused)