R v Dean

Case [2013] NSWSC 661 22 May 2013

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Supreme Court

New South Wales

Medium Neutral Citation: R v Dean [2013] NSWSC 661
Hearing dates: 14, 17 May 2013
Decision date: 22 May 2013
Jurisdiction: Common Law - Criminal
Before: Latham J
Decision:
Leave is granted to make the application out of time.
The notice of motion is dismissed

Catchwords: CRIMINAL LAW - application for trial by judge alone - accused charged with multiple counts of murder and recklessly inflict grievous bodily harm - interests of justice - whether evidence so technical that jury would fail to comprehend - whether trial issue requires application of objective community standards - factual dispute concerning frequency and dosage of drug ingestion by accused to be resolved by assessment of accused's credibility and reliability - jury participation generally in the interests of justice - natural prejudice arising from nature of case
Legislation Cited: Criminal Procedure Act 1986
Evidence Act 1995
Cases Cited: AK v The State of Western Australia [2008] HCA 8
Kingswell v The Queen [1985] HCA 72 ; 159 CLR 264
R v Belghar [2012] NSWCCA 86
R v King [2013] NSWSC 448
R v Milat NSWCCA 26 February 1998
Texts Cited: Buxton, "Some Simple Thoughts on Intention", [1988] Criminal Law Review 484
Category: Procedural and other rulings
Parties: Regina - (Crown)
Roger Dean - (Accused)
Representation: Counsel
M Tedeschi QC - (Crown)
M Ierace SC - (Accused)
Solicitors
Solicitor for Public Prosecutions - (Crown)
Solicitor for Legal Aid NSW - (Accused)

File Number(s): 2011/370574

Judgment

The accused, Roger Dean, applies for a trial by judge alone pursuant to s 132 of the Criminal Procedure Act 1986 by way of notice of motion and supporting affidavit filed on 29 April 2013. The application is opposed by the Crown, although to the extent that the accused requires leave to make the application, leave is not opposed.

The accused is charged with 11 counts of murder and 8 counts of recklessly inflict grievous bodily harm arising out of the setting of a fire at the nursing home where he worked on 18 November 2011. An additional charge of recklessly inflict grievous bodily harm is charged in the alternative to a murder count. The trial is to commence on 27 May 2013.

Much of the Crown case is not in dispute. It is anticipated that the accused will make formal admissions pursuant to s 184 of the Evidence Act 1995 to the following facts.

The accused was employed between May 1997 and July 2007 as a registered nurse in various nursing positions with New South Wales Health. He commenced employment at the Quakers Hill nursing home as a registered nurse in September 2011. He worked night shifts on Wednesday and Thursday nights.

The nursing home is an aged care facility catering for high care residents requiring full assistance with daily living activities. The home consists of 35 separate rooms each containing a number of beds. The building is a large "H" shape and divided into two wings, A wing and B wing. Those wings…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dean

Details

AGLC: R v Dean [2013] NSWSC 661
Case: [2013] NSWSC 661
Decision Date: 22 May 2013

CaseChat Overview and Summary

The case of R v Dean involved the accused, Dean, who was charged with multiple counts of murder and recklessly inflicting grievous bodily harm. Dean applied for the trial to be conducted by a judge alone, arguing that the evidence was highly technical and that the jury would be unable to comprehend it. The court was required to determine whether the evidence was so technical that it would prevent the jury from understanding it, and if the trial issue required the application of objective community standards. Additionally, the court needed to assess whether the factual dispute concerning the frequency and dosage of drug ingestion by the accused would require the assessment of the accused's credibility and reliability.

The court found that the evidence was not so technical that the jury would fail to comprehend it. The trial issue did not require the application of objective community standards. The factual dispute concerning the frequency and dosage of drug ingestion by the accused required the assessment of the accused's credibility and reliability, which was a task for the jury. The court found that the natural prejudice arising from the nature of the case did not outweigh the general interest in jury participation.

Accordingly, the court dismissed Dean's application for a trial by judge alone. The case proceeded to trial before a jury. The final orders of the court were that Dean's application for a trial by judge alone be dismissed and that the case proceed to trial before a jury.

Orders