Legal Studies
HSC Legal Studies Research Task – Crime
Identify the correct legal citation of the case
R v Faehndrich [2008] NSWSC 877 (29 August 2008)
Outline the Elements of the offence
On 11 April 2008, John Harry Faehndrich was convicted by a jury of the charge that he, on 13 August 2006, at Forster in the State of New South Wales, did murder Dianne Condon. The deceased died when she was stabbed by the prisoner with a pair of scissors and her vertebral artery was incised. The prisoner stabbed her a minimum of four times to the right and right back of the neck. A heavy degree of force was used causing very extensive injuries to the spinal column and upper area.
Describe the factors that might have led to the criminal behaviour * Provocation - It was the prisoner’s case at trial that he was acting under provocation when he killed Dianne Condon. the prisoner was provoked by the annoying and inconsistent conduct of the deceased – that is, that it may have disposed him to become angry or lose his temper. Mr Bodor contends that something occurred that was provocative to the prisoner given his dysfunctional nature and his clear mental illness * Relationship - The relationship between the deceased and the prisoner was turbulent. The Crown in submissions referred to the offence occurring “in the background of a dysfunctional relationship of three months duration between two dysfunctional individuals.” Only rational inference is that the deceased intended leaving the prisoner, it for this reason that the prisoner killed the deceased. * Mental Illness - Dr Nielssen had diagnosed the prisoner as having a recurrent depressive illness, alcohol abuse and personality disorder. The Crown acknowledged before the jury that the prisoner had a long term depressive illness. At the time of the stabbing his capacity to control himself was possibly substantially impaired by his severe depressive illness.Dr Nielsson said, “It may have affected his capacity to control his
Identify the correct legal citation of the case
R v Faehndrich [2008] NSWSC 877 (29 August 2008)
Outline the Elements of the offence
On 11 April 2008, John Harry Faehndrich was convicted by a jury of the charge that he, on 13 August 2006, at Forster in the State of New South Wales, did murder Dianne Condon. The deceased died when she was stabbed by the prisoner with a pair of scissors and her vertebral artery was incised. The prisoner stabbed her a minimum of four times to the right and right back of the neck. A heavy degree of force was used causing very extensive injuries to the spinal column and upper area.
Describe the factors that might have led to the criminal behaviour * Provocation - It was the prisoner’s case at trial that he was acting under provocation when he killed Dianne Condon. the prisoner was provoked by the annoying and inconsistent conduct of the deceased – that is, that it may have disposed him to become angry or lose his temper. Mr Bodor contends that something occurred that was provocative to the prisoner given his dysfunctional nature and his clear mental illness * Relationship - The relationship between the deceased and the prisoner was turbulent. The Crown in submissions referred to the offence occurring “in the background of a dysfunctional relationship of three months duration between two dysfunctional individuals.” Only rational inference is that the deceased intended leaving the prisoner, it for this reason that the prisoner killed the deceased. * Mental Illness - Dr Nielssen had diagnosed the prisoner as having a recurrent depressive illness, alcohol abuse and personality disorder. The Crown acknowledged before the jury that the prisoner had a long term depressive illness. At the time of the stabbing his capacity to control himself was possibly substantially impaired by his severe depressive illness.Dr Nielsson said, “It may have affected his capacity to control his