R v Krbavac [2013] NSWSC 1671

R v Krbavac [2013] NSWSC 1671

The accused deliberately and voluntarily struck the deceased multiple times on the head with a hammer, causing death, but he established on the balance of probabilities that at the time he killed his uncle he was suffering from chronic treatment-resistant schizophrenia, a disease of the mind, which caused a defect of reason such that he did not know that what he was doing was wrong according to ordinary community standards. A special verdict of not guilty on the ground of mental illness was therefore required under s 38 of the Act.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Criminal Law Murder Special Hearing After Accused Found Unfit to Be Tried / Special Hearing
Outcome
Special verdict of not guilty on the ground of mental illness returned pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990.
Legal Topics
['murder' 'unfitness to Be Tried' 'special Hearing' 'defence of Mental Illness' 'special Verdict']
['criminal Law' 'mental Health and Forensic Provisions'] ['murder' 'unfitness to Be Tried' 'special Hearing' 'defence of Mental Illness' 'special Verdict']

Case Brief

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Procedural Posture

Criminal Law Murder Special Hearing After Accused Found Unfit to Be Tried / Special Hearing

Legal Issues

  1. 1 ["Whether the Crown proved beyond reasonable doubt that a deliberate voluntary act of the accused caused the deceased's death." 'Whether the accused established on the balance of probabilities that, at the time of killing, he was mentally ill so as not to be responsible according to law.' 'Whether a special verdict of not guilty on the ground of mental illness should be returned.']

Ratio Decidendi

The accused deliberately and voluntarily struck the deceased multiple times on the head with a hammer, causing death, but he established on the balance of probabilities that at the time he killed his uncle he was suffering from chronic treatment-resistant schizophrenia, a disease of the mind, which caused a defect of reason such that he did not know that what he was doing was wrong according to ordinary community standards. A special verdict of not guilty on the ground of mental illness was therefore required under s 38 of the Act.

Court Disposition

Special verdict of not guilty on the ground of mental illness returned pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990.

Orders

  • ['Pursuant to s 39 of the Act, the accused is to be detained in the Forensic Hospital at Long Bay Correctional Centre or at such other place as the Mental Health Review Tribunal may determine until released by due process of law.' 'The Registrar is to notify the Minister for Health as soon as reasonably practicable...