R v Bojnovic [2019] NSWSC 1613

R v Bojnovic [2019] NSWSC 1613

The agreed facts established the objective and fault elements of murder, but the psychiatric evidence of Dr Furst and Dr Eagle, supported by contemporaneous medical records, witness observations and the accused's ERISP, showed that at the time of killing his father the accused was suffering acute psychosis arising from schizophrenia, was affected by persecutory delusions, had grossly impaired reality testing, and lacked capacity to reason about the wrongfulness of his actions. The accused therefore proved on the balance of probabilities that he was not guilty of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Criminal Proceeding on Indictment for Murder / Judge Alone Trial; Special Verdict and Orders
Outcome
Special verdict entered: Steve Bojnovic found not guilty of murder on the grounds of mental illness.
Legal Topics
['murder' 'trial by Judge Alone' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'forensic Patient Detention']
['criminal Law' 'mental Health Law' 'evidence and Procedure'] ['murder' 'trial by Judge Alone' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'forensic Patient Detention']

Case Brief

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Procedural Posture

Criminal Proceeding on Indictment for Murder / Judge Alone Trial; Special Verdict and Orders

Legal Issues

  1. 1 ['Whether the elements of murder under s 18 of the Crimes Act 1900 (NSW) were established beyond reasonable doubt.' 'Whether the accused established on the balance of probabilities that he was not guilty of murder on the grounds of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).' 'What order should be made under s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW) following the special verdict.']

Ratio Decidendi

The agreed facts established the objective and fault elements of murder, but the psychiatric evidence of Dr Furst and Dr Eagle, supported by contemporaneous medical records, witness observations and the accused's ERISP, showed that at the time of killing his father the accused was suffering acute psychosis arising from schizophrenia, was affected by persecutory delusions, had grossly impaired reality testing, and lacked capacity to reason about the wrongfulness of his actions. The accused therefore proved on the balance of probabilities that he was not guilty of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Court Disposition

Special verdict entered: Steve Bojnovic found not guilty of murder on the grounds of mental illness.

Orders

  • ['In accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), the accused is found not guilty of the charge of murder on the grounds of mental illness.' 'In accordance with s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), Steve Bojnovic is to be detained in the Hamden...