R v Heydari [2015] NSWSC 207

Supreme Court New South Wales

Medium Neutral Citation: R v Heydari [2015] NSWSC 207 Hearing dates: 12-13 March 2015 Date of orders: 13 March 2015 Decision date: 25 March 2015 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: I find the accused Javad Heydari not guilty on the ground of mental illness in relation to both counts in the indictment namely: (1) that on 5 September 2013 he murdered Mohammed Ali Nabizada; and (2) that on 5 September 2013 he wounded Rauf Hassani with intent to murder him Catchwords: Murder; wound with intent to murder; judge alone trial; defence of mental illness; special verdict - not guilty on the grounds of mental illness Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v McNaghten (1843) 8 ER 718 The King v Porter (1933) 55 CLR 182 Category: Principal judgment Parties: Regina Javad Heydari Representation: Counsel: Mr L Lungo (Crown) Ms B Rigg SC (Accused)

Solicitor: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2013/270051

Judgment 1. MATHEWS AJ:

Background 1. On 13 March 2015, Javad Heydari was charged by way of indictment with the following offences: first, that on 5 September 2013 he murdered Mohammed Ali Nabizada, and second, that on the same day he wounded Rauf Hassani with intent to murder him. He pleaded not guilty to both charges. 2. An order had previously been made, by consent, that the accused be tried by judge alone. Accordingly, the trial proceeded before me without a jury. Only documentary material was tendered at the hearing. No oral evidence was called by either party. There was no doubt that the accused had inflicted the fatal injuries on Mr Nabizada ("the deceased") and that he had seriously injured Mr Hassani ("the victim"). Moreover he freely admitted that when he did so he intended to kill them. The only remaining issue was his mental condition at the time. As to this, both parties were in agreement that, on the basis of the whole of the evidence in the case, including the psychiatric reports, the accused should be found not guilty on the ground of mental illness in relation to both charges. 3. On 14 March 2015, after I had read the various documents and reports, I entered a verdict of not guilty on the ground of mental illness in relation to both charges. I adjourned the proceedings until 26 June 2015, and made orders relating to the disposition of the accused in the meantime, as well as to the provision of a report to the Court on the adjourned date, containing recommendations as to the care and/or treatment of the accused and his recommended placement in a prison or mental health facility. I also said that I would deliver my reasons at a date to be fixed. 4. These, then, are my reasons for finding the accused not guilty on the ground of mental illness in relation to both charges.