R v Ahmed (No 2) [2019] NSWSC 517

Supreme Court New South Wales

Medium Neutral Citation: R v Ahmed (No 2) [2019] NSWSC 517 Hearing dates: 15 April 2019, 16 April 2019, 17 April 2019, 18 April 2019, 23 April 2019 and 24 April 2019 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: (1) Find Mr Ahmed guilty of Ms Elahi's murder.

(2) Order that his conviction for the offence of murder be entered.

(3) Stand the matter over for sentence. Catchwords: CRIME — Judge alone trial — Conviction of murder — No issue murder established — Partial Defence — Substantial impairment by abnormality of mind — Section 23A Crimes Act 1900 (NSW) — No issue accused suffered an abnormality of mind as the result of an underlying condition — Conflicting expert opinions — Accused capacity to control himself found to not have been substantially impaired — Application of current community standards would not permit liability to be reduced to manslaughter Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Ahmed [2019] NSWSC 55 R v Welsh (1996) 90 A Crim R 364 R v Wilson (2005) 62 NSWLR 346; [2005] NSWCCA 20 R v Byrne [1960] 2 QB 396 Quinn v R [2018] NSWCCA 297 R v Trotter (1993) 35 NSWLR 428 Category: Principal judgment Parties: Regina (Crown) Shahab Ahmed (Accused) Representation: Counsel: S Hughes (Crown) A Djemal (Accused)