The Queen v Kosowicz [2005] NSWSC 234

The Queen v Kosowicz [2005] NSWSC 234

The court was satisfied beyond reasonable doubt that the accused intentionally killed Chloe Hoson. On the balance of probabilities, the court accepted the factual basis and unanimous psychiatric opinions of Dr Wong and Dr Allnutt that the accused suffered schizophrenia and, at the time he killed Chloe, was unable due to mental illness to think rationally of the reasons which would make his acts wrong. Accordingly, he was not responsible according to law and was entitled to special verdicts of not guilty by reason of mental illness on each count.

Jurisdiction
Australia
Judgment Date
24 March 2005
Procedural Posture
Criminal Proceedings on Indictment for Murder and Indecently Interfering With a Dead Human Body / Judge Alone Trial Following Pleas of Not Guilty
Outcome
Upon each count on the indictment a special verdict of Not Guilty by reason of mental illness.
Legal Topics
['murder' 'indecently Interfering With a Dead Human Body' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'judge Alone Criminal Trial']
['criminal Law' 'mental Health Law'] ['murder' 'indecently Interfering With a Dead Human Body' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'judge Alone Criminal Trial']

Case Brief

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Procedural Posture

Criminal Proceedings on Indictment for Murder and Indecently Interfering With a Dead Human Body / Judge Alone Trial Following Pleas of Not Guilty

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused intentionally caused the death of Chloe Hoson.' 'Whether the accused established on the balance of probabilities that, at the relevant time, he was mentally ill within s.38 of the Mental Health (Criminal Procedure) Act.' 'Whether the accused was unable, due to mental illness, to reason about the wrongfulness of his acts according to ordinary standards.']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that the accused intentionally killed Chloe Hoson. On the balance of probabilities, the court accepted the factual basis and unanimous psychiatric opinions of Dr Wong and Dr Allnutt that the accused suffered schizophrenia and, at the time he killed Chloe, was unable due to mental illness to think rationally of the reasons which would make his acts wrong. Accordingly, he was not responsible according to law and was entitled to special verdicts of not guilty by reason of mental illness on each count.

Court Disposition

Upon each count on the indictment a special verdict of Not Guilty by reason of mental illness.

Orders

  • ['The accused Timothy Edward Kosowicz be detained in strict custody at Long Bay Prison Hospital, or such other place as the appropriate authorities may determine, and that he otherwise be dealt with according to law.']