NSW Caselaw
New South Wales Supreme Court
The Queen v Kosowicz [2005] NSWSC 234 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 10/03/05
JUDGMENT DATE : 24 March 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Patten AJ
DECISION : Upon each count on the indictment a special verdict of Not Guilty by reason of mental illness.; Order that 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.
Crimes Act 1900 Criminal Procedure Act 1986 LEGISLATION CITED : Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990
M'Naghten's case (1853) ER 718 The King v Porter (1936) 55 CLR 182 CASES CITED : Sodeman v The King (1936) 55 CLR 192 Taylor v R 22 ALR 599
The Queen PARTIES : Defendant: Timothy Edward Kosowicz
FILE NUMBER(S) : SC 70027/04
Crown Prosecutor: Mr P Lynch COUNSEL : Defendant: Mr P Zahra SC and Mr N Lang
Solicitor for DPP (NSW) SOLICITORS : Defendant - Legal Aid Commission- Mr Nathan Steel
LOWER COURT JURISDICTION :
LOWER COURT JUDICIAL OFFICER : Kevin Flack
- 34 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
Patten AJ
24 March 2005
No: 70027 of 2004
THE QUEEN v TIMOTHY EDWARD KOSOWICZ
JUDGMENT:
INTRODUCTION: 1 His Honour: On March 10, the accused Timothy Edward Kosowicz pleaded not guilty on arraignment to the following charges:-
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