R v Pham [2021] NSWSC 196

R v Pham [2021] NSWSC 196

The Crown proved beyond reasonable doubt that the accused did not personally believe it was necessary to fatally stab the deceased in self-defence. Although the accused used drugs and had evidence of general paranoia, his accounts to police were vague, inconsistent, contradicted by agreed facts, and undermined by acknowledged lies and planning. The deceased was unarmed, had not threatened the accused, fled after being stabbed in the back, and was then pursued and stabbed further. The accused's immediate and later conduct, including concealing the blood, giving false explanations, dragging the deceased inside, attempting to dispose of and mutilate the body, using the deceased's property to...

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Criminal Trial for Murder by Judge Alone / Verdict After Trial
Outcome
Verdict of guilty to murder returned.
Legal Topics
['murder' 'self Defence' 'manslaughter Alternative' 'drug Induced Paranoia' 'post Offence Conduct' 'judge Alone Trial']
['criminal Law'] ['murder' 'self Defence' 'manslaughter Alternative' 'drug Induced Paranoia' 'post Offence Conduct' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal Trial for Murder by Judge Alone / Verdict After Trial

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused murdered Goran Stevanovic contrary to s 18(1)(a) of the Crimes Act 1900 (NSW).' 'Whether the Crown negatived self-defence under ss 418 and 419 of the Crimes Act 1900 (NSW).' 'Whether there was a reasonable possibility that the accused genuinely believed it was necessary to fatally stab the deceased to defend himself.' "Whether the accused's drug use and asserted paranoia supported a reasonable doubt about his belief in the need for self-defence." "Whether the accused's conduct after the stabbing was relevant to his state of mind at the time of the stabbing."]

Ratio Decidendi

The Crown proved beyond reasonable doubt that the accused did not personally believe it was necessary to fatally stab the deceased in self-defence. Although the accused used drugs and had evidence of general paranoia, his accounts to police were vague, inconsistent, contradicted by agreed facts, and undermined by acknowledged lies and planning. The deceased was unarmed, had not threatened the accused, fled after being stabbed in the back, and was then pursued and stabbed further. The accused's immediate and later conduct, including concealing the blood, giving false explanations, dragging the deceased inside, attempting to dispose of and mutilate the body, using the deceased's property to...

Court Disposition

Verdict of guilty to murder returned.

Orders

  • ['The verdict returned to the charge that the accused, on or about 8 January 2019 at Sadlier in the State of New South Wales, did murder Goran Stevanovic is one of guilty.']