R v Zahab [2014] NSWSC 1197

Supreme Court New South Wales

Medium Neutral Citation: R v Zahab [2014] NSWSC 1197 Hearing dates: 28/08/2014 Decision date: 05 September 2014 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Verdict: Not guilty of murder by reason of mental illness. Orders: Pursuant to the Criminal Procedure Act 1986: (1) Order that the charges on the certificate pursuant to s 166 of the Criminal Procedure Act 1986, be dismissed. Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990: (1) Order that Khoder Zahab be detained at the Psychiatric Ward, Long Bay Prison Hospital, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. (2) Direct the Registrar of the Court to notify the Minister for Health of this judgment and order. (3) Direct the Registrar of the Court to notify the Mental Health Review Tribunal of this judgment and order and to provide to that Tribunal the following documentation: (a) A copy of this judgment and orders; (b) A transcript of these proceedings; (c) A copy of each of the exhibits tendered at the trial. Catchwords: CRIMINAL LAW - murder; one count - trial by judge alone - Criminal Procedure Act 1986; s 132, s 133

CRIMINAL LAW - murder; one count - defence of mental illness - Mental Health (Forensic Provisions) Act 1900; s 38 - whether accused mentally ill at time of offences under M'Naughten Rules - facts agreed by Crown and Accused - expert opinion evidence - psychiatric diagnosis of paranoid schizophrenia - whether accused knew what he was doing was wrong - defence established - no point of general principle Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Fleming v The Queen [1998] HCA 68; (1998) 197 CLR 250 Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 R v M'Naughten (1843) 8 ER 718 R v Porter [1933] HCA 1; (1933) 55 CLR 182 Stapleton v The Queen [1952] HCA 55; (1952) 86 CLR 358; Regina v Matheis (1958) 58 SR (NSW) 321 R v Matusevich & Thompson [1976] VR 470 R v Huy Pham [2007] NSWSC 1313 R v Coles [2008] NSWSC 682 R v Winningham (unreported, NSWCCA, 10 May 1995) Texts Cited: Diagnostic and Statistical Manual for Mental Disorders - 5th Edition Category: Principal judgment Parties: Regina (Crown) Khoder Zahab (Accused) Representation: Counsel: M Hobart SC (Crown) S Hall (Accused) Solicitors: Director of Public Prosecutions (Crown) Legal Aid Commission (Accused) File Number(s): 2013/46570