R v Krey (No 3) [2020] NSWSC 1811

R v Krey (No 3) [2020] NSWSC 1811

The Court found the accused caused the death of the deceased by deliberate stabbing with intent to kill. However, on the balance of probabilities, the accused suffered from abnormality of mind arising from underlying conditions (FASD, complex PTSD, and intermittent explosive disorder), which substantially impaired his capacity to control himself and was so substantial as to warrant liability for murder being reduced to manslaughter. Accordingly, the accused was found not guilty of murder but guilty of manslaughter.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal / Trial by Judge Alone
Outcome
The accused is found not guilty of murder, but guilty of manslaughter.
Legal Topics
['murder' 'manslaughter' 'substantial Impairment' 'abnormality of Mind' 'judge Alone Trial' 'crimes Act 1900 (nsw)' 'partial Defence' 'mental Impairment']
['criminal Law'] ['murder' 'manslaughter' 'substantial Impairment' 'abnormality of Mind' 'judge Alone Trial' 'crimes Act 1900 (nsw)' 'partial Defence' 'mental Impairment']

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Procedural Posture

Criminal / Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the accused is guilty of murder or manslaughter' 'Whether the defence of substantial impairment, pursuant to s 23A of the Crimes Act 1900 (NSW), applies' 'Whether an abnormality of mind existed' "Whether such abnormality substantially impaired the accused's capacity to control himself"]

Ratio Decidendi

The Court found the accused caused the death of the deceased by deliberate stabbing with intent to kill. However, on the balance of probabilities, the accused suffered from abnormality of mind arising from underlying conditions (FASD, complex PTSD, and intermittent explosive disorder), which substantially impaired his capacity to control himself and was so substantial as to warrant liability for murder being reduced to manslaughter. Accordingly, the accused was found not guilty of murder but guilty of manslaughter.

Court Disposition

The accused is found not guilty of murder, but guilty of manslaughter.

Orders

  • []