R v Fuller (No 1) [2024] NSWSC 1206

R v Fuller (No 1) [2024] NSWSC 1206

Given the accused's rapidly deteriorating mental health and the Crown’s consent, leave was granted for the judge-alone application and the order made, notwithstanding the issue of community standards intrinsic to the partial defence, as interests of justice warranted the departure from the usual rule.

Parties
Crown: Rex; Accused: Connor Fuller
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Criminal / Procedural Ruling on Application for Trial by Judge Alone
Outcome
Application granted; accused to be tried by judge alone
Legal Topics
Application for Trial by Judge Alone, Section 132 a and 132 Criminal Procedure Act, Partial Defence of Substantial Impairment, Fitness for Trial
Criminal Law Application for Trial by Judge Alone Section 132 a and 132 Criminal Procedure Act Partial Defence of Substantial Impairment Fitness for Trial

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Parties

Rex

Crown

Connor Fuller

Accused

Procedural Posture

Criminal / Procedural Ruling on Application for Trial by Judge Alone

Legal Issues

  1. 1 Whether leave should be granted for application for trial by judge alone within less than 28 days before trial
  2. 2 Whether accused's mental health condition justifies trial by judge alone
  3. 3 Impact of partial defence of substantial impairment involving community standards

Ratio Decidendi

Given the accused's rapidly deteriorating mental health and the Crown’s consent, leave was granted for the judge-alone application and the order made, notwithstanding the issue of community standards intrinsic to the partial defence, as interests of justice warranted the departure from the usual rule.

Court Disposition

Application granted; accused to be tried by judge alone

Orders

  • Pursuant to s 132A(1) of the Criminal Procedure Act 1986 (NSW), leave granted to accused to apply for judge-alone trial
  • Pursuant to s 132(1) of the Criminal Procedure Act 1986 (NSW), order made that accused be tried by judge alone