R v Eyuboglu (No 2) [2019] NSWSC 285
The defence of mental illness was not established on the balance of probabilities, as the accused appreciated the wrongfulness of his actions at the time of the fatal stabbing. The partial defence of substantial impairment was also not established, with the Court not being satisfied on the balance of probabilities that the impairment was so substantial as to warrant reduction from murder to manslaughter. Accordingly, the accused was found guilty of murder.
- Jurisdiction
- Australia
- Judgment Date
- 19 March 2019
- Procedural Posture
- Criminal / Trial by Judge Alone, Verdict
- Outcome
- Guilty of murder
- Legal Topics
- ['murder' 'mental Illness Defence' 'substantial Impairment Defence' 'manslaughter' 'elements of Murder']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal / Trial by Judge Alone, Verdict
Legal Issues
- 1 ['Whether the accused was not guilty by reason of mental illness at the time of the offence' "Whether the accused's liability for murder should be reduced to manslaughter due to substantial impairment"]
Ratio Decidendi
The defence of mental illness was not established on the balance of probabilities, as the accused appreciated the wrongfulness of his actions at the time of the fatal stabbing. The partial defence of substantial impairment was also not established, with the Court not being satisfied on the balance of probabilities that the impairment was so substantial as to warrant reduction from murder to manslaughter. Accordingly, the accused was found guilty of murder.
Court Disposition
Guilty of murder
Orders
- ['Verdict of guilty of murder returned']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment