R v Srdan RUJAK [2007] NSWDC 129

New South Wales District Court

CITATION: R v Srdan RUJAK [2007] NSWDC 129

HEARING DATE(S): 18/06/07, 19/06/07

JUDGMENT DATE: 19 June 2007

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: The accused is found not guilty by reason of mental illness of all charges.; I order that the accused be detained in the Mental Health Pod at the MRRC or other place as may be determined by the Justice Health authorities or the Mental Health Review Tribunal and that he undergo such psychiatric or other reviews as may be determined to be necessary prior to his release on such terms as to ongoing treatment and other conditions as are deemed to be appropriate in the light of those reviews particularly to ensure the safety of members of the public, as well as the accused, is not endangered.; I direct that the Registrar of the Court notify the Minister for Health and the Mental Health Review Tribunal of the terms of the orders.

CATCHWORDS: Trial by Judge Alone - Not guilty by reason of mental illness - Special verdict

Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 Mental Health (Criminal Proceedings) Act

R v Presser (1958) VR 45 CASES CITED: R v Minani [2005] NSWCCA 226 Hawkins v The Queen (1994) 179 CLR 500 R v Porter [1933] 55 CLR 182

PARTIES: R Srdan Rujak

FILE NUMBER(S): 06/11/0879

COUNSEL: Mr. R. Kimbell (Crown) Mr R. Mayne (Defence)

SOLICITORS: Ms. A. Ilardo Ms. D. Tipper

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JUDGMENT Indictment

1 On 18 June, 2006 the accused, Srdan RUJAK, was arraigned on an indictment which contained the following counts: Count 1: On 4 April 2006 at Goulburn in the State of New South Wales, did maliciously cause Christopher TONG to contract a grievous bodily disease, namely Hepatitis C, with the intention of causing the said Christopher TONG to contract such grievous bodily disease.