R v Barolia (No. 1) [2021] NSWDC 695

R v Barolia (No. 1) [2021] NSWDC 695

Leave was granted because the parties had agreed on the facts, there was no issue about the actus reus, the contested issues concerned mens rea and legal questions, and the psychiatric and toxicological evidence made the matter particularly apt for determination by a judge sitting alone who is required to give reasons.

Jurisdiction
Australia
Judgment Date
13 September 2021
Procedural Posture
Criminal / Application for Leave Under Criminal Procedure Act 1986 S 132 a to Rely on an Election for Trial by Judge Alone
Outcome
Leave granted.
Legal Topics
['trial by Judge Alone' 'leave for Late Election' 'reckless Wounding' 'mens Rea' 'special Verdict of Act Proved But Not Criminally Responsible' 'mental Health Forensic Provisions']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'leave for Late Election' 'reckless Wounding' 'mens Rea' 'special Verdict of Act Proved But Not Criminally Responsible' 'mental Health Forensic Provisions']

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Procedural Posture

Criminal / Application for Leave Under Criminal Procedure Act 1986 S 132 a to Rely on an Election for Trial by Judge Alone

Legal Issues

  1. 1 ['Whether leave should be granted under s 132A of the Criminal Procedure Act 1986 because the election for trial by judge alone was not made 28 days prior to the date fixed for hearing.' 'Whether the Court may enter a special verdict of act proved but not criminally responsible for the offending detailed in the agreed facts.' 'Whether the applicable legislation is the Mental Health (Forensic Provisions) Act 1999 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.']

Ratio Decidendi

Leave was granted because the parties had agreed on the facts, there was no issue about the actus reus, the contested issues concerned mens rea and legal questions, and the psychiatric and toxicological evidence made the matter particularly apt for determination by a judge sitting alone who is required to give reasons.

Court Disposition

Leave granted.

Orders

  • ['Leave granted to the parties to rely upon the election filed under s 132(1) of the Criminal Procedure Act 1986.' 'Order made for trial by judge alone.']