R v Haydar (No.3) [2017] NSWSC 159

R v Haydar (No.3) [2017] NSWSC 159

The accused's conduct in stabbing the deceased was deliberate and accompanied by an intention to kill; substantial impairment defence failed as impairment by depression was not so substantial as to warrant reduction from murder to manslaughter having regard to moral culpability, ferocity of the attack, persistence, and intent; guilty verdicts for murder and wounding with intent to cause grievous bodily harm established beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal Trial / Verdict and Orders After Judge Alone Trial
Outcome
Guilty verdicts for Counts 1 (murder) and 2 (wounding with intent to cause grievous bodily harm), convictions entered, sentencing adjourned.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'defence of Substantial Impairment by Abnormality of Mind' 'depression' 'intent to Kill' 'intent to Inflict Grievous Bodily Harm' 'domestic Violence']
['criminal Law'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'defence of Substantial Impairment by Abnormality of Mind' 'depression' 'intent to Kill' 'intent to Inflict Grievous Bodily Harm' 'domestic Violence']

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Procedural Posture

Criminal Trial / Verdict and Orders After Judge Alone Trial

Legal Issues

  1. 1 ['Whether accused is guilty of murder or manslaughter in respect of Count 1' 'Whether accused is guilty of wounding with intent to cause grievous bodily harm in respect of Count 2' "Whether accused's capacity to control himself was substantially impaired by abnormality of mind arising from depression (defence under s 23A Crimes Act 1900)"]

Ratio Decidendi

The accused's conduct in stabbing the deceased was deliberate and accompanied by an intention to kill; substantial impairment defence failed as impairment by depression was not so substantial as to warrant reduction from murder to manslaughter having regard to moral culpability, ferocity of the attack, persistence, and intent; guilty verdicts for murder and wounding with intent to cause grievous bodily harm established beyond reasonable doubt.

Court Disposition

Guilty verdicts for Counts 1 (murder) and 2 (wounding with intent to cause grievous bodily harm), convictions entered, sentencing adjourned.

Orders

  • ['I find the accused guilty of the offences in Counts 1 and 2 of the Indictment presented on 22 February 2017.' 'I direct that convictions be entered for the offence of murder, and the offence of wounding with intent to cause grievous bodily harm.' 'I stand the proceedings over to 2pm on 5 May 2017 for proceedings...