Bednar v The King

Bednar has appealed against his conviction for murder and his sentence. The deceased was his mother. The appeal against conviction was dismissed. The appeal against sentence was allowed, and the appellant was resentenced. The trial judge found that the prosecution had proved beyond reasonable doubt that the appellant murdered his mother. The appellant had been involuntarily admitted to a psychiatric ward after an incident of self-harm. While there, he made representations about his deteriorating relationship with his mother. The appellant argued that this evidence should not have been admitted as it was irrelevant and prejudicial. The judge directed the jury on the issue of sanity. The appellant submitted that the judge erred in giving that direction.

The jury found that the appellant's clothing and DNA were found at the crime scene. The appellant suggested an alternate suspect. The appellant argued that the jury should have had reasonable doubt about his guilt because of the alternate suspect evidence. The appellant also argued that the judge should have directed the jury to consider the reliability of the alternate suspect evidence. The court found that the alternate suspect evidence was a matter for the jury to consider and reject if they saw fit. The court found that the judge did not err in failing to give an unreliable witness direction in respect of the alternate suspect.

The appellant had been diagnosed with bipolar affective disorder. The prosecution argued that his offending was motivated by delusional beliefs. The defence conceded that limbs 1 to 4 of R v Verdins were not engaged. The judge imposed a total effective sentence of 29 years with a non-parole period of 23 years. The appellant argued that his mental impairment contributed to his offending and that the sentence was manifestly excessive. The court found that the appellant's mental impairment was a relevant consideration in sentencing. The court found that the sentence was manifestly excessive and allowed the appeal against sentence. The appellant was resentenced to a total effective sentence of 25 years with a non-parole period of 20 years.