R v Stojic (No 2) [2020] NSWSC 730

Supreme Court New South Wales

Medium Neutral Citation: R v Stojic (No 2) [2020] NSWSC 730 Hearing dates: 1, 3 – 4 June 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The verdicts of the Court are: In respect of count 1, a special verdict of not guilty by reason of mental illness. In respect of count 2, a special verdict of not guilty by reason of mental illness. In respect of count 3, a special verdict of not guilty by reason of mental illness. In respect of count 4, not guilty. In respect of count 5, not guilty. In respect of count 6, not guilty. In respect of count 7, not guilty. In respect of count 8, not guilty. In respect of count 9, not guilty.

(2) In respect of sequences 3 and 5 on the section 166 certificate, the Court finds the offences proved but makes an order directing that the charges be dismissed, pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

(3) The Court orders, pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), that Simon Slavko Stojic is to be returned to his present place of custody and detained there, or at such other place as is deemed appropriate according to law, until such time as he is released by due process of law.

(4) The Court directs the Registrar of the Court to notify the Minister for Health and the Mental Health Review Tribunal of these verdicts and orders. Catchwords: CRIMINAL LAW – Murder – Defence of mental illness – Accused suffering from Chronic Delusional Disorder with both grandiose and paranoid delusions – Accused suffering a delusion he was a federal agent protecting Australia – Expert evidence unanimous that accused was suffering from mental illness at the time of the acts – Expert evidence unanimous that accused could not reason about the matter with a moderate degree of sense and composure and did not know that the acts were wrong, judged according to the everyday standards of reasonable people – Not guilty by reason of mental illness Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 M'Naghten's Case (1843) 10 Cl & Fin 200; 8 ER 718 The Queen v. Falconer (1990) 171 CLR 30; [1990] HCA 49 Radford v R (1985) 42 SASR 266 R v Hadler (No 2) [2018] NSWSC 1804 R v Minani (2005) 62 NSWLR 48; [2005] NSWCCA 226 R v Stojic [2018] NSWSC 1893 R v Stojic [2020] NSWSC 170 Category: Principal judgment Parties: Regina (Crown) Simon Slavko Stojic (Accused) Representation: Counsel: R Cooley (Crown) H Dhanji SC with B Clark (Accused)