R v Christos Tsekas [2018] NSWDC 187

R v Christos Tsekas [2018] NSWDC 187

The accused caused the wounding of the victim, but the psychiatric evidence established on the balance of probabilities that at the time of the offending he was suffering from a schizo-affective disorder with delusional beliefs and a dementing illness causing a defect of reason, so that he did not know the wrongfulness of what he was doing. He was therefore not criminally responsible and the proper verdict on the charge of wound with intent to murder was not guilty by reason of mental illness; no verdict was required on the alternative count.

Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Criminal Special Hearing / Verdict and Orders After Judge Alone Special Hearing
Outcome
Accused found not guilty of wound with intent to murder by reason of mental illness; no verdict required on the alternative charge.
Legal Topics
['wounding With Intent to Murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'special Hearing' 'unfitness for Trial' 'not Guilty by Reason of Mental Illness' 'specific Intent']
['criminal Law' 'mental Health and Forensic Procedure'] ['wounding With Intent to Murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'special Hearing' 'unfitness for Trial' 'not Guilty by Reason of Mental Illness' 'specific Intent']

Case Brief

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Procedural Posture

Criminal Special Hearing / Verdict and Orders After Judge Alone Special Hearing

Legal Issues

  1. 1 ['Whether the Crown proved the elements of wounding with intent to murder beyond reasonable doubt.' 'Whether the accused was not guilty by reason of mental illness at the time of the offence.' 'Whether any verdict was required on the alternative charge of wounding with intent to cause grievous bodily harm.']

Ratio Decidendi

The accused caused the wounding of the victim, but the psychiatric evidence established on the balance of probabilities that at the time of the offending he was suffering from a schizo-affective disorder with delusional beliefs and a dementing illness causing a defect of reason, so that he did not know the wrongfulness of what he was doing. He was therefore not criminally responsible and the proper verdict on the charge of wound with intent to murder was not guilty by reason of mental illness; no verdict was required on the alternative count.

Court Disposition

Accused found not guilty of wound with intent to murder by reason of mental illness; no verdict required on the alternative charge.

Orders

  • ['In accordance with s 38 of the Mental (Forensic Provisions) Act 1990, I find the accused not guilty of the charge of wound with intent to murder on the grounds of mental illness.' 'In accordance with s 39(1) of the Act, I order that Christos Tsekas be detained in Long Bay Prison Hospital, or at such other place as...