NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Ahmed [2019] NSWSC 55 Hearing dates: 7 February 2019 Date of orders: 08 February 2019 Decision date: 08 February 2019 Before: Schmidt J Decision: Motion dismissed. Catchwords: CRIMINAL LAW – notice of motion – s 132 Criminal Procedure Act 1986 (NSW) – application for trial by judge alone – charge of murder – domestic violence offence – single issue at trial whether partial defence of diminished responsibility by reason of substantial impairment by abnormality of mind available under s 23A Crimes Act 1900 (NSW) – application of community standards – whether in the interests of justice to make order – whether accused will have a fair trial – risk of prejudice from adverse media and social media commentary about applicant's racial background and faith – risk that jurors will not adhere to directions – application dismissed Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Hughes v R (2015) 93 NSWLR 474; [2015] NSWCCA 330 R v Belghar [2012] NSWCCA 86 R v Bretherton [2013] NSWSC 1036 R v Haydar [2017] NSWSC 127 R v Haydar (No 2) 2017 NSWSC 131 R v Villalon [2013] NSWSC 1516 Category: Procedural and other rulings Parties: Regina (Crown) Shahab Ahmed (Accused) Representation: Counsel: S Hughes (Crown) A Djemal (Accused)
Solicitors: Solicitor for Public Prosecutions NSW (Crown) Oxford Lawyers (Accused) File Number(s): 2017/52488 Publication restriction: Nil
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