R v Konidaris

Case [2014] VSC 89


Revised
IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 0087 of 2013

THE QUEEN
v
ROSS KONIDARIS Accused

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JUDGE:

T FORREST J

WHERE HELD:

Melbourne

DATE OF HEARING:

26 February 2014

DATE OF RULING:

27 February 2014

CASE MAY BE CITED AS:

R v Konidaris

MEDIUM NEUTRAL CITATION:

[2014] VSC 89

Revised 27 March 2014

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CRIMINAL LAW – Defence of Mental Impairment – Murder – Accused murdered grandmother and grandfather – Accused knew the nature and quality of conduct – Accused did not know that the conduct was wrong – Section 20(1)(b) of the Crimes (Mental Impairment Unfitness to be Tried) Act 1997 (Vic) – Meaning of ‘mental impairment’ - Whether psychosis drug induced or manifestation of underlying schizophrenic illness – Directed that verdicts of not-guilty be entered in respect of both charges.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr G Silbert SC Office of Public Prosecutions
For the Accused Mr T Marsh Victoria Legal Aid

HIS HONOUR:

  1. Ross Konidaris is currently indicted on two counts of murder.  It is alleged that on 22 December 2012 he shot both his grandparents, Stavroula and Triandafilos Konidaris.  He is then alleged to have set fire to their house.

  1. To both charges he has pleaded not guilty because of mental impairment  pursuant to s.20(1) of the Crimes (Mental Impairment and Unfitness to be Tried Act) 1997 (The Act).

  1. The prosecution and Mr Konidaris’ legal advisors have agreed that the proposed evidence in the trial establishes the defence of mental impairment under s 20 of the Act.  It follows that the parties have agreed between themselves that the proposed evidence establishes that at the time of the murderous acts Mr Konidaris either:

·     did not know the nature and quality of his conduct; (s 20(1)(a)) or

·     did not know that his conduct was wrong in that he could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong. (s 20(1)(b))

In this case, the preponderance of psychiatric opinion argues in favour of a s 20(1)(b) conclusion.

  1. In circumstances where the parties agree that the defence of mental impairment is established I am empowered to hear the evidence that relates to that issue, and if I am satisfied the defence of mental impairment is established I may direct that a verdict of not guilty because of mental impairment be recorded (s 21(4)(a) of the Act).  Alternatively, if I am not satisfied that the defence is established I am obliged to direct that Mr Konidaris be tried by a jury (s 21(4)(b) of the Act).

  1. This matter was originally listed before me on 22 January 2014.  On that occasion reports from three psychiatrists, Drs Sullivan, Patel and Skinner, were sought to be relied upon by the parties. I determined that I wished to hear from those witnesses and the matter was adjourned until a suitable date could be arranged.

  1. The sole issue before me in this…

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R v Konidaris [2014] VSC 89
Case
[2014] VSC 89
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CaseChat Overview and Summary

In the Supreme Court of Victoria, the accused, Konidaris, stood trial for the murder of his grandparents. The prosecution alleged that Konidaris had intentionally killed his grandparents, actions that were premeditated and deliberate. The defence argued that at the time of the offence, Konidaris suffered from a mental impairment that rendered him unfit to appreciate the nature and quality of his conduct or understand that it was wrong.

The central legal issue before the court was whether Konidaris's psychosis, which led to the murders, was a drug-induced condition or a manifestation of an underlying schizophrenic illness. The court was required to determine the meaning of 'mental impairment' as defined in section 20(1)(b) of the Crimes (Mental Impairment Unfitness to be Tried) Act 1997 (Vic). This involved examining the nature and extent of Konidaris's impairment and whether it met the statutory criteria for a defence of mental impairment.

The court found that Konidaris's psychosis was drug-induced, not an underlying schizophrenic illness. The court reasoned that at the time of the offence, Konidaris was unable to appreciate the nature and quality of his conduct or understand that it was wrong. The court directed that verdicts of not-guilty be entered in respect of both charges of murder. This decision hinged on the understanding that Konidaris's drug-induced psychosis sufficiently impaired his mental faculties to the extent that he was not criminally responsible for his actions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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