R v Zdravkovic [2019] NSWSC 736

R v Zdravkovic [2019] NSWSC 736

The unanimous psychiatric evidence established that at the time of the offence the accused suffered from schizophrenia, constituting a disease of the mind, and was suffering from a defect of reasoning, so as to be unable to reason about the wrongfulness of his actions with a moderate degree of sense and composure, and thus was not criminally responsible for murder by reason of mental illness.

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
Not guilty of murder by reason of mental illness; detention order made under s 39 Mental Health (Forensic Provisions) Act 1990 (NSW)
Legal Topics
['mental Illness Defence' 'murder' 'psychiatric Evidence' 'defect of Reason' 'special Verdict' 'section 39 Order']
['criminal Law' 'mental Health Law'] ['mental Illness Defence' 'murder' 'psychiatric Evidence' 'defect of Reason' 'special Verdict' 'section 39 Order']

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Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused was not guilty of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW)' 'Whether the criteria for mental illness defence are satisfied']

Ratio Decidendi

The unanimous psychiatric evidence established that at the time of the offence the accused suffered from schizophrenia, constituting a disease of the mind, and was suffering from a defect of reasoning, so as to be unable to reason about the wrongfulness of his actions with a moderate degree of sense and composure, and thus was not criminally responsible for murder by reason of mental illness.

Court Disposition

Not guilty of murder by reason of mental illness; detention order made under s 39 Mental Health (Forensic Provisions) Act 1990 (NSW)

Orders

  • ['I find Jacob Zdravkovic not guilty of the murder of Zoran Zdravkovic on the grounds of mental illness.' 'Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal...