R v Mikiewicz [2000] NSWSC 988

R v Mikiewicz [2000] NSWSC 988

The accused was found to have committed the act causing the death of the deceased, with intent to inflict grievous bodily harm. However, the defence of not guilty by reason of mental illness was established on the balance of probabilities, supported by unanimous psychiatric evidence. As required by statute, a special verdict of not guilty by reason of mental illness was entered and the accused ordered to be detained in strict custody pending possible release by due process of law.

Parties
Crown: Regina; Accused: Roman Tadeusz Mikiewicz
Jurisdiction
Australia
Judgment Date
12 October 2000
Procedural Posture
Criminal Murder / Trial (judge Alone) and Verdict
Outcome
Not guilty of murder on the ground of mental illness (special verdict); Detention ordered
Legal Topics
Murder, Mental Illness Defence, Fitness to Plead, Criminal Responsibility, Strict Custody and Forensic Patients, Mental Health Review Tribunal
Criminal Law Mental Health Law Murder Mental Illness Defence Fitness to Plead Criminal Responsibility Strict Custody and Forensic Patients Mental Health Review Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Roman Tadeusz Mikiewicz

Accused

Procedural Posture

Criminal Murder / Trial (judge Alone) and Verdict

Legal Issues

  1. 1 Whether the accused committed the alleged act causing death
  2. 2 Whether the accused had the necessary intent for murder
  3. 3 Whether the accused is not guilty by reason of mental illness as defined in statute

Ratio Decidendi

The accused was found to have committed the act causing the death of the deceased, with intent to inflict grievous bodily harm. However, the defence of not guilty by reason of mental illness was established on the balance of probabilities, supported by unanimous psychiatric evidence. As required by statute, a special verdict of not guilty by reason of mental illness was entered and the accused ordered to be detained in strict custody pending possible release by due process of law.

Court Disposition

Not guilty of murder on the ground of mental illness (special verdict); Detention ordered

Orders

  • The accused is to be detained at the prison hospital at Long Bay and at such other places according to law unless released by the processes of law