SCHITZOPHRENIC KILLER’S GOOGLE SEARCH HISTORY PROVED PREMEDITATION TO MURDER THE VICTIM

R v Dong [2020] NSWSC 1277 (18 September 2020)  

This case involves the killing of a young girl where the offender (suffering from schizophrenia) was shown to have planned the murder based on his google searches  

Facts:  

The offender pleaded guilty to the murder of a young woman. In the sentence proceedings, the offender contends that the killing was a spontaneous reaction to the offensive comments the victim made about the offender’s mother and a product of his mental illness (schizophrenia). However, according to the evidence, it shows that the offender’s phone revealed a Google search made, and a number of webpages visited, two days before the victim’s murder such as:  

• “How would Homicide be sentenced in Australia”  
• “Legal knowledge, how many years would intentionally (sic) homicide be given in Australia”  
• “The sentencing criteria for intentional homicide. What expenses must be compensated for after intentional homicide”  
• “What are the characteristics of intentional homicide? And how to properly determine intentional homicide”  
• “Australian Chinese life knowledge, our steps, life and other staff, comparison of underage criminal offence sanction between China and Australia”  

Issue:   

• Is the murder premeditated and not caused by the spontaneous reaction brought about by the offender’s mental illness?  
• Is the offender’s mental illness considered in determining his sentence?    

Held:   

Yes. In the light of the offender’s Google search and access to webpages two days before the offence, the court is satisfied beyond reasonable doubt that the murder was premeditated. It follows, of course, that the offender intended to kill the victim. His counsel, submitted that those actions two days before might have been coincidental or the product of mental illness. The court cannot accept that they were coincidental, given that the search was made and the websites were visited so close to the day of the killing.  

The court concluded that the offender’s behavior was likely to have been influenced to some extent by the impaired judgement characteristic of schizophrenia even when the person suffering that condition is not experiencing positive symptoms. He is of subnormal intelligence, and this also may have had a part to play. Nevertheless, this must have some bearing on the assessment of the offender’s moral culpability and the need for general deterrence, although not to any marked degree. 

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