R v Boyd [2017] NSWSC 1099

R v Boyd [2017] NSWSC 1099

There was no proper evidentiary basis to vacate the trial date. The existing psychiatric evidence did not support mental illness and identified only a possible need for neuropsychological testing; the neuropsychological evidence stated that it was not possible to say whether the Accused had cognitive impairment because poor test-taking effort rendered results invalid and uninterpretable. Further testing in June 2018 was speculative and increasingly remote from the Accused's state of mind on 24 April 2016. In addition, the evidence of self-induced intoxication was powerful and would have to be disregarded for s.23A purposes. The public interest in the fixed criminal trial proceeding also...

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Criminal Proceedings Involving Charges Including Murder, Wounding With Intent to Cause Grievous Bodily Harm and Dangerous Driving During a Police Pursuit / Pre Trial Application by the Accused to Vacate the Trial Date
Outcome
Application by the Accused to vacate the trial date refused; Notice of Motion dismissed.
Legal Topics
['application to Vacate Trial Date' 'partial Defence of Substantial Impairment' 'self Induced Intoxication' 'fitness to Be Tried' 'case Management']
['criminal Law' 'criminal Procedure'] ['application to Vacate Trial Date' 'partial Defence of Substantial Impairment' 'self Induced Intoxication' 'fitness to Be Tried' 'case Management']

Case Brief

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Procedural Posture

Criminal Proceedings Involving Charges Including Murder, Wounding With Intent to Cause Grievous Bodily Harm and Dangerous Driving During a Police Pursuit / Pre Trial Application by the Accused to Vacate the Trial Date

Legal Issues

  1. 1 ['Whether the trial date fixed for 28 August 2017 should be vacated to allow further investigation of a possible partial defence of substantial impairment by abnormality of mind under s.23A Crimes Act 1900.' 'Whether the psychiatric and neuropsychological evidence provided a proper basis to conclude that a viable partial defence of substantial impairment might become available if further testing occurred in about 12 months.' 'Whether the effects of self-induced intoxication affected the availability of the partial defence of substantial impairment.']

Ratio Decidendi

There was no proper evidentiary basis to vacate the trial date. The existing psychiatric evidence did not support mental illness and identified only a possible need for neuropsychological testing; the neuropsychological evidence stated that it was not possible to say whether the Accused had cognitive impairment because poor test-taking effort rendered results invalid and uninterpretable. Further testing in June 2018 was speculative and increasingly remote from the Accused's state of mind on 24 April 2016. In addition, the evidence of self-induced intoxication was powerful and would have to be disregarded for s.23A purposes. The public interest in the fixed criminal trial proceeding also...

Court Disposition

Application by the Accused to vacate the trial date refused; Notice of Motion dismissed.

Orders

  • ['The Notice of Motion filed in Court on 17 August 2017 is dismissed.']