R v Krbavac [2013] NSWSC 313

The accused is unable to plead to the charge, make his answer, instruct counsel rationally or reliably, and does not have sufficient capacity to decide and communicate a defence due to chronic treatment-resistant schizophrenia; thus, on the balance of probabilities, he is unfit to be tried.

Parties: Prosecutor: Director of Public Prosecutions; Accused: Anthony Vjekoslav Krbavac
Jurisdiction: Australia
Judgment Date: 08 April 2013
Procedural Posture: Criminal / Fitness to Be Tried Inquiry
Outcome: Accused found unfit to be tried. Referred to Mental Health Review Tribunal.
Legal Topics: Fitness to Plead, Murder, Schizophrenia, Mental Illness

Criminal Law Mental Health Law Fitness to Plead Murder Schizophrenia Mental Illness

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 3 Authorities cited 9 Party arguments 2

Parties

Director of Public Prosecutions

Prosecutor

Anthony Vjekoslav Krbavac

Accused

Procedural Posture

Criminal / Fitness to Be Tried Inquiry

Legal Issues

1 Whether the accused is fit to be tried for murder
2 Assessment of the accused's mental health and capacity under Presser criteria

Ratio Decidendi

Court Disposition

Accused found unfit to be tried. Referred to Mental Health Review Tribunal.

Orders

I find that the accused Anthony Vjekoslav Krbavac is unfit to be tried for the murder of his uncle, Ervin Krbavac, on 27 March 2012 at Auburn contrary to section 18(1)(a) of the Crimes Act.
In accordance with s 14(a) of Mental Health (Forensic Provisions) Act, I refer Anthony Vjekoslav Krbavac to the Mental Health Review Tribunal.