R v Ivanoff [2018] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: R v Ivanoff [2018] NSWSC 1225 Hearing dates: 6 August 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Common Law Before: Wilson J Decision: 1 I find Ben Ivanoff not guilty of the murder of Leonne Ivanoff on the grounds of mental illness. 2 Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, Mr Ivanoff is to be released from custody forthwith, on the following conditions: (a) He is to reside at Opal Annandale, or such other place as approved from time to time by the Mental Health Review Tribunal. (b) He is not to leave Opal Annandale, or such other place at which he may from time to time reside, without the consent of the Mental Health Review Tribunal. (c) Within 14 days of taking up residence at Opal Annandale he is to meet with a staff member of the Camperdown Older Persons Mental Health Team and, thereafter, accept any treatment recommended to him by health professionals connected with that service, or other comparable service as approved by the Mental Health Review Tribunal. 3 I direct the Registrar to forward a copy of this judgment to the Mental Health Review Tribunal forthwith. Catchwords: CRIME – accused charged with wife's murder – previously found unfit to be tried – special hearing – no issue that accused has defence of mental illness available to him – elderly and frail accused – question of risk posed if released – release to the community appropriate Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Crimes Act 1900 (NSW) Cases Cited: R v Ivanoff [2017] NSWSC 1707 R v M'Naghten (1843) 8 ER 718 The Queen v Falconer (1990) 171 CLR 30 Category: Principal judgment Parties: The Queen Ben Ivanoff Representation: Counsel: Mr D. Patch as Crown Prosecutor Ms J. Manuell SC for the accused