R v Crnobrnja [2016] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: R v Crnobrnja [2016] NSWSC 1034 Hearing dates: 22 July 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Common Law Before: Mathews AJ Decision: The accused Zoran Crnobrnja is fit to be tried for the offence of murder Catchwords: Judge alone trial - Mental Health Fitness Hearing – Accused's fitness to stand trial Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Presser [1958] VR 45 Category: Principal judgment Parties: Regina Zoran Crnobrnja Representation: Counsel: Mr T Thorpe (Crown) Mr B Hughes SC (Accused)

Solicitors: Solicitor for Director of Public Prosecutions Legal Aid (NSW) File Number(s): 2014/00338957 Publication restriction: No

Judgment 1. MATHEWS AJ: On 22 July 2015 a brief hearing took place as to the accused's fitness to stand trial for the murder of Vesna Crnobrnja on 17 November 2014. At the close of the hearing I made the following orders: 1. That the accused Zoran Crnobrnja is fit to be tried for the offence of murdering Vesna Crnobrnja; 2. That the matter be stood over to the next arraignments list on 5 August 2016. 1. I said that I would publish my reasons later. 2. These, then, are my reasons for making those orders.

Circumstances of the killing 1. The accused was 50 years old at the time of this offence, having been born on 17 December 1963. He and the deceased had been married for 25 years. They had three adult children, and all of them were living in a house at Flame Tree Street, Casula. On 17 November, after the children had left for their work or their studies, the accused and the deceased were gardening in the front yard of their home when a neighbour heard a heated argument developing between them. This became increasingly intense, and culminated in a scream from the deceased. At that point the neighbour walked over to the fence, and saw the deceased lying motionless on the ground with the accused standing nearby. The accused went into the house and came out shortly afterwards, got into his car and drove off briefly, before returning and parking his car on the nature strip outside the house. In the meantime, he telephoned his son and said: "Alex, I've just killed your mum. She's dead." 2. The accused's son telephoned emergency services, and the police and ambulance arrived shortly afterwards. The deceased was pronounced dead at the scene, and the accused was arrested. He told police that he and the deceased had been arguing that morning about his mental health, and that she had said to him: "we will lock you up forever. We can't do anymore." He said that they then became involved in a physical altercation. At one stage in their fight, he said that he jumped on her, but he could not remember much after that point. The accused was taken to Liverpool Police Station where he was charged with murder. He has been in custody ever since. 3. A post mortem examination of the deceased the following day showed that she had died from asphyxiation. Her injuries indicated manual strangulation. Injuries were also found to her limbs and hands which were consistent with self-defence injuries. The accused also was found to have numerous cuts and scratches on his face, neck, arms and hands, which were consistent with defensive fingernail scratches. 4. The accused had displayed, and continued to display, symptoms of mental illness. Accordingly an issue arose as to his fitness to stand trial for the offence of murder, culminating in the hearing before myself. It is therefore appropriate, before discussing the psychiatric evidence, to say something about the issues to be determined when an issue arises as to a person's fitness to stand trial.