R v Colin Maxwell Farrow [2014] NSWSC 1781

R v Colin Maxwell Farrow [2014] NSWSC 1781

It is in the interests of justice for the trial to be conducted by judge alone due to the sole issue being mental illness, competing expert evidence, and serious availability issues of one expert that could render jury determination unfair.

Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Application granted for trial by judge alone under s 132 Criminal Procedure Act 1986.
Legal Topics
['judge Alone Trial' 'mental Illness Defence' 'murder']
['criminal Law'] ['judge Alone Trial' 'mental Illness Defence' 'murder']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether the trial should be heard by judge alone under s 132 of the Criminal Procedure Act 1986 despite Crown opposition' 'Whether the interests of justice require a judge alone trial given the sole issue of mental illness and expert witness availability']

Ratio Decidendi

It is in the interests of justice for the trial to be conducted by judge alone due to the sole issue being mental illness, competing expert evidence, and serious availability issues of one expert that could render jury determination unfair.

Court Disposition

Application granted for trial by judge alone under s 132 Criminal Procedure Act 1986.

Orders

  • ['The trial of Colin Maxwell Farrow on the charge of murdering Linda Jane Stevens is to be heard and determined by judge alone, pursuant to s 132 of the Criminal Procedure Act 1986.' 'The Crown and counsel for the accused are to confer as to the most convenient course for adducing evidence of facts not to be...