R v Crnobrnja [2016] NSWSC 1573

R v Crnobrnja [2016] NSWSC 1573

The evidence established that Mr Crnobrnja voluntarily and intentionally inflicted the fatal injuries on Vesna Crnobrnja, but the psychiatric evidence pointed in one direction only: at the time he strangled and fatally injured her he was suffering from a mental illness within the McNaghten Rules, specifically a psychotic illness or chronic schizophrenia that deprived him of knowledge that his conduct was morally wrong. Accordingly, the defence of mental illness was made out and the proper verdict was not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
17 October 2016
Procedural Posture
Criminal Judge Alone Trial on Indictment for Murder / Special Verdict Following Plea of Not Guilty on the Ground of Mental Illness
Outcome
Special verdict entered: not guilty by reason of mental illness.
Legal Topics
['murder' 'not Guilty by Reason of Mental Illness' 'special Verdict' 'mc Naghten Rules' 'judge Alone Trial']
['criminal Law' 'mental Health and Forensic Provisions'] ['murder' 'not Guilty by Reason of Mental Illness' 'special Verdict' 'mc Naghten Rules' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal Judge Alone Trial on Indictment for Murder / Special Verdict Following Plea of Not Guilty on the Ground of Mental Illness

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that a voluntary or intentional act of Mr Crnobrnja caused the death of Vesna Crnobrnja.' 'Whether Mr Crnobrnja established on the balance of probabilities that, at the time of the killing, he was labouring under such a defect of reason arising from a disease of the mind that he did not know the nature and quality of his act or did not know that what he was doing was wrong.' 'Whether a special verdict of not guilty by reason of mental illness should be entered under s 38 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

The evidence established that Mr Crnobrnja voluntarily and intentionally inflicted the fatal injuries on Vesna Crnobrnja, but the psychiatric evidence pointed in one direction only: at the time he strangled and fatally injured her he was suffering from a mental illness within the McNaghten Rules, specifically a psychotic illness or chronic schizophrenia that deprived him of knowledge that his conduct was morally wrong. Accordingly, the defence of mental illness was made out and the proper verdict was not guilty by reason of mental illness.

Court Disposition

Special verdict entered: not guilty by reason of mental illness.

Orders

  • ['That Mr Crnobrnja be detained by the Commissioner of Corrective Services until released by due process of law.' 'That the Registrar of the Court notify the Minister of Health of this judgment and order.' 'That the Registrar of the Court notify the Mental Health Review Tribunal of this judgment and order and...