What Is R V Lopez Case Brief

Legal Citation of the Case
R v Lopez [2014] NSWSC 287 (21 March 2014)
Overview
Carlos Lopez has been found not guilty of the murder his mother, stepfather and brother by reason of mental illness. He was also found not guilty of the two counts of animal cruelty, causing death, against the family’s pet Chihuahuas. Mr. Lopez fatally stabbed his family members to death with the intention of killing them in July 2012 in their home in Sydney. The accused was suffering from a schizophrenic disorder at the time of the offences, and prior to them he had taken an obsessive interest in extra-terrestrials and believed he was brain washed. When he was interviewed by police after the murders had taken place, he claimed he had seen Satan

Role of the Courts
Firstly, the coroner’s court investigated the deaths of the accused’s family. The case was then heard in the local court. Due to the fact that the case was an indictable offence, the local court could not finalise the verdict. Therefore, the local court conducted a committal hearing, where the magistrate was to determine whether the prosecution evidence is capable of satisfying a jury, beyond a reasonable doubt, that the accused committed the offence.
Once the magistrate was satisfied that the evidence was capable of satisfying the jury, the accused was committed for trial or sentence to the Supreme Court. Cases committed to a higher court would then be determined by a judge as well as a jury. However, after Mr Lopez pleaded not guilty, he elected to be tried without a jury: section 132 Criminal Procedure Act 1986
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