R v Klobucar (No 2)

The respondents, the Public Prosecutor and the Director of Public Prosecutions, brought this case against the accused, Klobucar, in the Supreme Court of Queensland. Klobucar was charged with attempted murder, wounding with intent to cause grievous bodily harm and assault occasioning bodily harm. The case was heard by the Court of Appeal, which was required to determine the appropriate sentence for Klobucar, having found him not guilty by reason of mental impairment.

The legal issue before the court was whether the best estimate of sentence that would have been appropriate if Klobucar had been found guilty should be calculated by reference to the sentencing principles applicable to an offender with full capacity, or whether the extent to which Klobucar's mental impairment may be considered when making this estimate. The court was also required to determine the appropriate sentence for Klobucar, having found him not guilty by reason of mental impairment.

The court held that the best estimate of sentence that would have been appropriate if Klobucar had been found guilty should be calculated by reference to the sentencing principles applicable to an offender with full capacity. The court held that the extent to which Klobucar's mental impairment may be considered when making this estimate is limited to the extent that it affects the degree of moral blameworthiness that can be attributed to Klobucar for his offending behaviour. The court held that Klobucar's mental impairment did not significantly affect the degree of moral blameworthiness that can be attributed to him for his offending behaviour. The court held that the appropriate sentence for Klobucar was detention in a mental health facility for an indefinite period.

The court ordered that Klobucar be detained in a mental health facility for an indefinite period. The court also ordered that Klobucar be subject to a non-parole period of fifteen years.