R v Bojnovic [2019] NSWSC 1613

Supreme Court New South Wales

Medium Neutral Citation: R v Bojnovic [2019] NSWSC 1613 Hearing dates: 18 November 2019 Date of orders: 20 November 2019 Decision date: 20 November 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) In accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) I find the accused not guilty of the charge of murder on the grounds of mental illness. (2) In accordance with s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW) I order that Steve Bojnovic be detained in the Hamden accommodation area at the Metropolitan Remand and Reception Centre or such other place as may be determined from time to time by the Mental Health Review Tribunal until released by due process of law. (3) I direct that, as soon as practicable, the Registrar notify the Minister for Health of this order. (4) I direct that, as soon as practicable, the Registrar notify the Mental Health Review Tribunal of this order and provide to the Mental Health Review Tribunal the following documents: (a) a copy of these reasons for verdict and orders; (b) a transcript of these proceedings; and (c) a copy of each of the exhibits tendered at the trial. Catchwords: CRIME — murder — trial by judge alone — no dispute that elements of the offence established MENTAL HEALTH — criminal proceedings — defence of mental illness — special verdict of not guilty by reason of mental illness Legislation Cited: Crimes Act 1900 (NSW), ss 18, 23A Criminal Procedure Act 1986 (NSW), ss 132, 133 Evidence Act 1995 (NSW), s 191 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 38, 39 Cases Cited: Mizzi v The Queen (1960) 105 CLR 659; [1960] HCA 77 R v M'Naghten [1843] 8 ER 718 R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v Pratt [2009] NSWSC 1108 R v Rodriguez [2010] NSWSC 198 Category: Principal judgment Parties: Regina (Crown) Steve Bojnovic (Accused) Representation: Counsel: Mr G Newton (Crown) Ms M Avenell (Accused)