R v Murray [2023] NSWSC 589

R v Murray [2023] NSWSC 589

The application for trial by judge alone is refused because community standards are relevant, the risk of prejudice can be managed, witness reliability is suitable for jury assessment, and no compelling interests of justice require departure from jury trial.

Jurisdiction
Australia
Judgment Date
01 June 2023
Procedural Posture
Criminal / Pre Trial Application
Outcome
Application for trial by judge alone refused
Legal Topics
['trial by Judge Alone' 'mental Health Impairment' 'substantial Impairment' 'murder' 'excessive Self Defence']
['criminal Law'] ['trial by Judge Alone' 'mental Health Impairment' 'substantial Impairment' 'murder' 'excessive Self Defence']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 ['Whether trial by judge alone is in the interests of justice' 'Whether accused has mental health impairment for defence' 'Applicability of substantial impairment partial defence' 'Applicability of excessive self-defence partial defence']

Ratio Decidendi

The application for trial by judge alone is refused because community standards are relevant, the risk of prejudice can be managed, witness reliability is suitable for jury assessment, and no compelling interests of justice require departure from jury trial.

Court Disposition

Application for trial by judge alone refused

Orders

  • ['The application for trial by judge alone under s 132 Criminal Procedure Act 1986 (NSW) is refused.' "Reasons for judgment not to be published except to legal representatives and restricted website until delivery of jury's verdict at trial, pursuant to s 7 and s 8(1)(a) Court Suppression & Non-Publication Orders...