Re Stevanovic (No 2) - [2021] VSC 394

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2018 0161

IN THE MATTER of a review of a non-custodial supervision order under s 27(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

IN THE MATTER of Dragan STEVANOVIC

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JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	30 April 2021
DATE OF JUDGMENT:	2 July 2021
CASE MAY BE CITED AS:	Re Stevanovic (No 2)
MEDIUM NEUTRAL CITATION:	[2021] VSC 394

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CRIMINAL LAW – Judgment - Murder – Accused stabbed wife repeatedly – Advanced dementia – Jury found accused not guilty by reason of mental impairment – Non-custodial supervision order with a nominal term of 25 years – Custody at Monash Health – Review of non-custodial supervision order – Risk almost non-existent – Order has no impact on treatment and care of reviewee – NCSO revoked - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic).

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APPEARANCES:	Counsel	Solicitors
For the Secretary to the Department of Health	Ms S. Pathan	Department of Health
For the Attorney- General	Mr J. Stoller	Victorian Government Solicitors Office
For the reviewee	Mr P. J. Smallwood	Doogue + George

HIS HONOUR:

Introduction

On 2 February 2018, Dragan Stevanovic (‘Mr Stevanovic’) killed his wife by stabbing her multiple times to the head, face, neck, chest, abdomen and limbs in their Noble Park home. At the time, he was experiencing psychotic symptoms in the context of dementia.

On 10 December 2018, a jury found that Mr Stevanovic was unlikely to become fit over the ensuing 12 months. The Court subsequently directed a special hearing under s 12(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (‘the Act’).[1]
[1]R v Fairest, Fields and Toohey [2016] VSC 329 [49] and [51] (Croucher J).

On 25 January 2019, following a special hearing, a second jury delivered the verdict of not guilty by reason of mental impairment. The Court declared Mr Stevanovic liable to supervision under Part 5 of the Act. He was remanded in custody pending a certificate of available services under s 47 of the Act.

On 18 December 2019, upon receipt of a certificate of available services, the Court remanded Mr Stevanovic to Monash Health for a three month trial period pending the making of a supervision order. I determined that Monash Health constituted an ‘appropriate place’ as defined by s 3 of the Act, being a designated mental health service.

On 20 March 2020, I imposed a non-custodial supervision order (‘NCSO’)[2] on Mr Stevanovic for the nominal term of 25 years to reside at Allambee Nursing Home (‘Allambee’), a Monash Health secure psychogeriatric facility in Cheltenham. I also ordered that the matter be brought back for review in 12 months,[3] which was later extended to 31 May 2021. These reasons relate to the hearing of that review.
[2]Pursuant to s 26(2)(b) of the Act.
[3]Ibid s 27(2).

As the NCSO ordered that Mr Stevanovic be…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Stevanovic (No 2)

Details

AGLC: Re Stevanovic (No 2) [2021] VSC 394
Case: [2021] VSC 394
Decision Date: 2 July 2021

CaseChat Overview and Summary

The respondent, Stevanovic, appealed against a decision of the County Court of Victoria which revoked a non-custodial supervision order (NCSO) made in relation to him. Stevanovic had been found not guilty by reason of mental impairment after stabbing his wife 50 times. The Crown had opposed the revocation of the NCSO, arguing that the risk of Stevanovic reoffending was still present and the order was necessary for his treatment and care. The appeal was concerned with whether the Supreme Court should have upheld the County Court’s decision to revoke the NCSO. The primary issue before the court was whether the County Court erred in law in revoking the NCSO, and if the court was correct in its assessment of the risk of reoffending and the impact of the NCSO on Stevanovic's treatment and care.

The court found that the County Court had not erred in its decision to revoke the NCSO. The risk of Stevanovic reoffending was considered to be almost non-existent, and the order was no longer necessary for his treatment and care. The court was satisfied that the risk of reoffending had been thoroughly assessed, and that the NCSO had no impact on the treatment and care of Stevanovic. The court also found that the County Court was correct in its assessment that the NCSO was no longer necessary for the treatment and care of Stevanovic, as he was receiving appropriate care and treatment at Monash Health.

The Supreme Court found that the County Court was correct in revoking the NCSO. The court found that the County Court had considered all relevant factors in making its decision, and that the risk of reoffending was almost non-existent. The court also found that the NCSO had no impact on the treatment and care of Stevanovic, and that he was receiving appropriate care and treatment at Monash Health. The appeal was dismissed. No orders were made as the appeal was dismissed.

Orders