Regina v Christov [2006] NSWSC 972

New South Wales Supreme Court

CITATION : Regina v Christov [2006] NSWSC 972

28.08.06 30-31.8.06 HEARING DATE(S) : 4-5.9.06 8.9.06 11-12.9.06 14.9.06

JUDGMENT DATE : 22 September 2006

JURISDICTION : Common Law Division Criminal List

JUDGMENT OF : Kirby J

DECISION : Verdict - guilty of murder; Conviction recorded.

CATCHWORDS : Criminal Practice & Procedure - murder trial - Judge sitting alone - judgment on verdict - victim strangled - elements of murder - whether substantial impairment by abnormality of mind - morbid jealousy - history drug abuse - victim defended herself with knife - whether accused suffered acute anxiety disorder - no substantial impairment.

Crimes Act 1900 LEGISLATION CITED : Evidence Act 1995 Mental Health Act 1990

PARTIES : Regina Ivan Christov

FILE NUMBER(S) : SC 2005116

COUNSEL : D Howard SC (Crown) C Nash/D Kang (Acc)

SOLICITORS : T Hammond - DPP (Crown) Ford Criminal Lawyers (Acc)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

DAVID KIRBY J

Friday 22 September 2006

2005/116 REGINA v Ivan CHRISTOV

JUDGMENT ON VERDICT 1 KIRBY J: At about 1.00 am on 11 January 2004, the body of Lynette Phillips was found in the front bedroom of her home at Engadine. She had been strangled. Two ligatures had been tied tightly around her neck. Ambulance officers were unable to revive her. They ceased any attempt at resuscitation at 1.45 am. 2 On 28 August 2006, Ivan Christov was arraigned before me upon an indictment expressed in these terms: "For that he, on or about 10 January 2004, at Engadine in the State of New South Wales, did murder Lynette Phillips." 3 Mr Christov pleaded not guilty to murder, but guilty of manslaughter. The Crown refused to accept that plea and the matter proceeded as a trial for murder. With the consent of the Crown, Mr Christov elected to be tried by a Judge sitting without a jury (Exhibit A).