R v Le [2019] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: R v Le [2019] NSWSC 483 Hearing dates: 25 – 29 March 2019, 1 – 4 April 2019, and 8 – 9 April 2019 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Common Law Before: Wright J Decision: Verdict: (1) in relation to count 1, the accused is not guilty of murder but, on the limited evidence available, the accused committed the offence of manslaughter, being an offence available as an alternative to the murder offence charged. (2) in respect of count 2, on the limited evidence available, the accused committed the offence of robbery armed with an offensive weapon charged. Catchwords: CRIME – special hearing conducted before judge alone – counts of murder and robbery armed with an offensive weapon – circumstantial case – verdicts available that, on the limited evidence, offences charged committed

CRIME – murder – partial defence of substantial impairment under s 23A of the Crimes Act 1990 (NSW) – where accused suffered from schizoaffective disorder at the time of offending – whether accused suffering from abnormality of mind arising from an underlying condition – whether accused's capacity to understand events, judge whether actions right or wrong or control self was impaired – whether impairment substantial – verdict available that, on the limited evidence, alternative offence of manslaughter committed Legislation Cited: Crimes Act 1990 (NSW) Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Quinn v R [2018] NSWCCA 297 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Qaumi & Qaumi (No 12) [2017] NSWSC 134 R v Trotter (1993) 35 NSWLR 428 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Category: Principal judgment Parties: Regina Mr Ze Ren Le Representation: Counsel: Mr G Tabuteau (Crown) Ms S Hall (Defence)