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R v Warren Scott

R v Warren Scott

Case [2021] NSWSC 1004 11 August 2021

Trial

Jurisdiction

Limitation Periods

COVID-19 restrictions

Criminal Law

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Warren Scott [2021] NSWSC 1004
Hearing dates: On the papers
Date of orders: 11 August 2021
Decision date: 11 August 2021
Jurisdiction: Common Law
Before: N Adams J
Decision:
(1) Leave is granted pursuant to s 132A of the Criminal Procedure Act 1986 (NSW).
(2) Pursuant to s 132(4) of the Criminal Procedure Act 1986 (NSW) order that the trial of Warren Anthony Scott for the murder of Edward Carter on 4 April 2019 at Eden in the State of New South Wales, be heard by judge alone.

Catchwords:
CRIMINAL PROCEDURE — Trial — Judge alone — application made by accused person and opposed by Crown – whether in interests of justice – where defendant relies on partial defence of substantial impairment – where defendant relies in the alternative on intoxication in relation to intention – where experts agree that defendant was suffering schizophrenia – where main issue is whether defendant’s actions were caused by intoxication or substantial abnormality of mind – application of community standards – COVID-19 restrictions – suspension of jury trials – relevance of s 365, Criminal Procedure Act – defendant likely to be held on remand for 3 years by the time a jury trial could proceed – application for trial by judge alone granted

Legislation Cited:
Crimes Act 1900 (NSW), ss 23A, 428C(1), 428E(1)(a)
Criminal Procedure Act 1986 (NSW), ss 132, 132A, 365

Cases Cited:
R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1
R v Flame [2020] NSWSC 1013
R v GokhanEyuboglu [2019] NSWSC 181
R v Hadler [2018] NSWSC 1151
R v Jaghbir (No 2) [2020] NSWSC 955
R v Kerollos [2020] NSWSC 1758
R v Quinn (No 2) [2016] NSWSC 1244
R v Stanley [2013] NSWCCA 124
Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4

Category: Procedural rulings
Parties: Regina (Crown)
Warren Anthony Scott (Accused)
Representation:
Counsel:
Ms N Keay (Crown)
Ms M Avenell SC (Accused)
Solicitors:
Solicitor for Public Prosecutions (NSW)
Aboriginal Legal Service NSW/ACT

File Number(s): 2019/105874

Judgment

On 4 April 2019, the accused, Warren Anthony Scott, was arrested and charged with the murder of Edward Carter on 4 April 2019 at Eden in New South Wales. He was arraigned on 12 February 2021 and pleaded not guilty to murder but guilty to manslaughter on the basis of substantial impairment. That plea was not accepted by the Director of Public Prosecutions (NSW) (hereinafter “the Crown”) and a trial was listed to commence on 23 August 2021 before me and a jury of twelve.
In late June 2021, the commencement of jury trials in Sydney was suspended due to COVID-19 restrictions.
On 28 July 2021, senior counsel for the accused made an application for a trial by judge alone under s 132(1) of the Criminal Procedure Act1986 (NSW) (“the Act”) which provides that:

(1) An accused person or the prosecutor in criminal proceedings in the Supreme Court or…

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 Warren Scott

Details

AGLC: R v Warren Scott [2021] NSWSC 1004
Case: [2021] NSWSC 1004
Decision Date: 11 August 2021

CaseChat Overview and Summary

The case of R v Warren Scott was heard in the Supreme Court of Victoria. The defendant, Warren Scott, was charged with multiple serious offences, including murder and attempted murder. The central issue was whether the trial should proceed with a judge alone or with a jury, given the exceptional circumstances surrounding the COVID-19 pandemic and its impact on the criminal justice system.

The primary legal issue before the court was whether it was in the interests of justice to proceed with a judge alone rather than a jury trial. The defendant sought a trial by judge alone, relying on the partial defence of substantial impairment of mental function, and in the alternative, on the effect of intoxication on intention. The Crown opposed the application, arguing that the defendant’s culpability should be determined by a jury.

The court considered the defendant's reliance on a partial defence of substantial impairment, as experts agreed that he was suffering from schizophrenia at the time of the offences. The court also examined the effect of intoxication on intention as an alternative defence. Given the COVID-19 restrictions and the suspension of jury trials, the court applied the relevant statutory provisions, particularly section 365 of the Criminal Procedure Act, which addresses the interests of justice in exceptional circumstances. The court concluded that a trial by judge alone was appropriate, taking into account the significant time the defendant would spend on remand awaiting a jury trial and the community standards regarding the administration of justice during the pandemic. The application for a trial by judge alone was granted.

Orders