The accused was arrested after stabbing a victim in front of his wife with a large knife in a vehicle over nine times in the legs, arms , chest, abdomen and neck before walking away in front of many witnesses one morning. The alleged victims wife was previously in a relationship with the accused.
The accused was arrested and bail refused.
Andrew Dikha was retained to act on behalf of the accused. Mr I was conferenced and it became evident that a psychiatrist was needed in the case. Startegic subpoenas were issued to collate a medical history for the provision to a psychiatrist for the purposes of an assessment.
The accused was previously diagnosed with chronic paranoid schitzophrenia many years prior to the incident.
Mr I was treated for many years by a leading psychiatrist in his filed and was assessed by an independant psychiatrist prior to a plea being entered who stated that there were symptoms of a chronic psychotic disorder and suffered from auditory hallucinations, persecutory delusions, erotomanic delusions where he incorporated the victims partner.
At the time of the offence he reported hearing voices of angels which told him to do things, he was receiving messages from the television and formed the belief that the victim was a harm to him and forced the wife to marry him.
He was diagnosed with chronic paranoid skitzophrenia and cannabis abuse disorder.
Mr I was described to have voluntarily attacked the victim driven by distorted beliefs about the victim driven by mental illness. He was able to form the intent to do what he did albeit that intent was driven by delusion.
Mr I was stated to be fit to stand trial but caution was advised based on the fact that he still at the time of his assessment continued to manifest symptoms of mental illness but not of a nature or severity to render him not fit to stand trial.
At the time of the offence Mr I would have been able to understand that a knife would harm the victim however, his disease of the mind caused a defect of reason of a nature and severity that he was compromised in his capacity to know the wrongfullness of his actions.
A Not Guilty plea by way of mental illness was enetered and the accused was found so at trial.