R v Markov (a pseudonym) [2024] NSWSC 233

R v Markov (a pseudonym) [2024] NSWSC 233

The accused, suffering late onset schizophrenia, was deprived of the capacity to reason with a moderate degree of sense and composure and did not know his act was wrong. The elements of murder are made out, but the defence of mental health impairment is established on the balance of probabilities. The accused is found not criminally responsible.

Parties
Prosecutor: Rex; Defendant: Markov (a pseudonym)
Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Criminal / Special Verdict Hearing and Final Disposition
Outcome
Special verdict entered: act proven but not criminally responsible due to mental impairment; accused to be detained until released by due process of law; suppression and non-publication orders made.
Legal Topics
Murder, Mental Health Impairment, Special Verdict, Suppression Orders, Detention After Acquittal
Criminal Law Murder Mental Health Impairment Special Verdict Suppression Orders Detention After Acquittal

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Parties

Rex

Prosecutor

Markov (a pseudonym)

Defendant

Procedural Posture

Criminal / Special Verdict Hearing and Final Disposition

Legal Issues

  1. 1 Whether the accused is criminally responsible for murder due to mental health impairment under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  2. 2 Whether the accused should be detained for the safety of himself or the public after a special verdict

Ratio Decidendi

The accused, suffering late onset schizophrenia, was deprived of the capacity to reason with a moderate degree of sense and composure and did not know his act was wrong. The elements of murder are made out, but the defence of mental health impairment is established on the balance of probabilities. The accused is found not criminally responsible.

Court Disposition

Special verdict entered: act proven but not criminally responsible due to mental impairment; accused to be detained until released by due process of law; suppression and non-publication orders made.

Orders

  • A special verdict be entered, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW): act proven but not criminally responsible due to mental impairment.
  • Under s 33(3), not satisfied that the safety of accused or public will not be seriously endangered;