Regina v Zaharic [2000] NSWSC 963

Regina v Zaharic [2000] NSWSC 963

Although the accused intended to stab and kill Milan Gajic and therefore knew the nature and quality of his act, the uncontradicted psychiatric evidence established on the balance of probabilities that, because of mental illness, he was incapable of distinguishing right from wrong at the time of the killing. The defence of mental illness was therefore made out and the proper verdict was not guilty by reason of mental illness, with detention until release by due process of law.

Jurisdiction
Australia
Judgment Date
11 August 2000
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial; Verdict on Plea of Not Guilty on Grounds of Mental Illness and Resulting Detention Order
Outcome
The accused was found not guilty by reason of mental illness and ordered to be detained until released by due process of law.
Legal Topics
['murder' 'mental Illness Defence' "m'naughten Rules" 'judge Alone Trial' 'forensic Detention']
['criminal Law' 'mental Health Law'] ['murder' 'mental Illness Defence' "m'naughten Rules" 'judge Alone Trial' 'forensic Detention']

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial; Verdict on Plea of Not Guilty on Grounds of Mental Illness and Resulting Detention Order

Legal Issues

  1. 1 ['Whether the accused, who stabbed and killed Milan Gajic, established the defence of mental illness on a balance of probabilities.' 'Whether the accused knew the nature and quality of his act when he stabbed the deceased.' 'Whether, because of underlying mental illness, the accused was incapable of distinguishing right from wrong at the time of the killing.' 'What order should be made after a finding of not guilty by reason of mental illness.']

Ratio Decidendi

Although the accused intended to stab and kill Milan Gajic and therefore knew the nature and quality of his act, the uncontradicted psychiatric evidence established on the balance of probabilities that, because of mental illness, he was incapable of distinguishing right from wrong at the time of the killing. The defence of mental illness was therefore made out and the proper verdict was not guilty by reason of mental illness, with detention until release by due process of law.

Court Disposition

The accused was found not guilty by reason of mental illness and ordered to be detained until released by due process of law.

Orders

  • ['The court finds the accused not guilty by reason of mental illness.' 'Stevan Zaharic is to be detained in his present custody at the hospital at Long Bay prison complex or at such other place as determined by the Minister of Health or his delegate until released by due process of law.']