R v Ilie Istudor [2016] NSWDC 1

R v Ilie Istudor [2016] NSWDC 1

The court was satisfied beyond reasonable doubt that Mr Istudor fired at Mr Smith intending to murder him, based on the prior threats, note, letter to his GP, warning to a neighbour, preparation and loading of the rifle, possession of extra bullets and a knife, close-range firing at Mr Smith, the neck wound, and his later attempt to kick Mr Smith. However, the psychiatric evidence established that at the time he was suffering from a serious chronic delusional disorder, a paranoid psychosis, which so affected his reasoning that he could not reason about the wrongfulness of his conduct with a moderate degree of sense and composure and could not know that what he was doing was wrong. He was...

Jurisdiction
Australia
Judgment Date
28 January 2016
Procedural Posture
Criminal Special Hearing / Special Hearing After Determination That the Accused Was Unfit to Be Tried on Counts 1 and 2
Outcome
Not guilty by reason of mental illness on Count 1; no verdict required on Count 2; accused detained until released by due process of law.
Legal Topics
['attempt Murder' 'shooting' 'special Hearing' 'mental Illness Defence' 'fitness to Be Tried' 'judge Alone']
['criminal Law' 'mental Health and Forensic Procedure'] ['attempt Murder' 'shooting' 'special Hearing' 'mental Illness Defence' 'fitness to Be Tried' 'judge Alone']

Case Brief

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Procedural Posture

Criminal Special Hearing / Special Hearing After Determination That the Accused Was Unfit to Be Tried on Counts 1 and 2

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that, without reference to mental illness, Mr Istudor intended to murder Mr Smith when he fired the shot.' 'Whether Mr Istudor established that he was not criminally responsible by reason of mental illness at the time of the shooting.']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that Mr Istudor fired at Mr Smith intending to murder him, based on the prior threats, note, letter to his GP, warning to a neighbour, preparation and loading of the rifle, possession of extra bullets and a knife, close-range firing at Mr Smith, the neck wound, and his later attempt to kick Mr Smith. However, the psychiatric evidence established that at the time he was suffering from a serious chronic delusional disorder, a paranoid psychosis, which so affected his reasoning that he could not reason about the wrongfulness of his conduct with a moderate degree of sense and composure and could not know that what he was doing was wrong. He was...

Court Disposition

Not guilty by reason of mental illness on Count 1; no verdict required on Count 2; accused detained until released by due process of law.

Orders

  • ['Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty of the charge of attempt murder by reason of mental illness is returned on Count 1.' 'No verdict is required on Count 2.' 'Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Mr...