R v Zdravkovic [2019] NSWSC 736

Supreme Court New South Wales

Medium Neutral Citation: R v Zdravkovic [2019] NSWSC 736 Hearing dates: 17 June 2019 Date of orders: 17 June 2019 Decision date: 17 June 2019 Jurisdiction: Common Law Before: Walton J Decision: I make the following orders:

(1) I find Jacob Zdravkovic not guilty of the murder of Zoran Zdravkovic on the grounds of mental illness.

(2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law.

(3) I direct the Registrar to notify the Attorney General, the Minister for Health and the Mental Health Review Tribunal of these orders as soon as practicable.

(4) The Registrar is to provide the Tribunal with a copy of my reasons and of the reports of Dr Furst and Dr Adams. Catchwords: CRIMINAL LAW – mental health defence – psychiatric evidence – accused suffered defect of reasoning – accused unable to reason wrongfulness – accused mentally ill at time of offence – special verdict of not guilty – order pursuant to s 39 of the Mental Health (Forensic Provisions) Act Legislation Cited: Crimes Act 1900 Act (NSW) Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Mizzi v R (1960) 105 CLR 659 R v Falconer (1990) 171 CLR 30 R v Gourlay [2015] NSWSC 67 R v Minani [2005] NSWCCA 226 R v Porter (1933) 55 CLR 182 Stapleton v R (1952) 86 CLR 358 Tumanako v R (1992) 64 A Crim R 149 Category: Principal judgment Parties: Regina (Crown) Jacob Zdravkovic (Accused) Representation: Counsel: L Lungo (Crown) P Krisenthal with R Hussey (Accused)