Australia, Nov. 30 -- Supreme Court of Victoria issued text of the following judgement on Oct. 19:

1 The accused, Neil Nancarrow ("Nancarrow"), has been charged with the murder of his father ("the Deceased"). On 30 September 2023, Nancarrow attacked the Deceased while experiencing symptoms of acute psychosis. The Deceased later died in hospital on 15 October 2023.

2. The defence of mental impairment has been raised in this proceeding prior to the empanelment of a jury and in circumstances where the prosecution and defence agree that the proposed evidence establishes the defence.[1]

3. The court's task is to determine whether, based on the evidence, the defence has been established.

B. Events of 30 September 2023

4. The following account is based on the summary of prosecution opening filed in the proceeding.

5. Nancarrow was 47 years old at the time of the incident and was experiencing homelessness. He has a history of mental illness which was aggravated by the use of illicit drugs, namely methylamphetamine.

6. There was a long history of family violence between Nancarrow and the Deceased. At the time of the incident, a family violence intervention order was in place which listed Nancarrow as the respondent and the Deceased and his wife (Nancarrow's mother) as protected persons.

7. Nancarrow frequently attended his family home in the western suburbs of Melbourne and remained there for days or weeks at a time as a result of his homelessness. The Deceased and his wife would allow Nancarrow to stay at the family home on these occasions, and would attempt to assist him to secure stable accommodation. However, the situation would often deteriorate and the Deceased and his wife would regularly resort to contacting the police, fearing for their safety.

8. On 30 September 2023, at approximately 1.50pm, the Deceased and Nancarrow were at the family home. Also present were the Deceased's wife and a family friend. The group were sitting outside under the carport of the home when the Deceased got up and walked inside to use the restroom, at which time the Deceased's wife and the family friend left the premises.

9. Nancarrow remained under the carport for a short time before entering the family home and approaching the Deceased. An altercation ensued during which the Deceased sustained an injury to his head. This injury caused the Deceased to bleed heavily.

10. The Deceased fled and went to a neighbour's front door seeking assistance. The neighbour opened her front door and saw blood on the Deceased's face and clothing. The Deceased asked his neighbour to call the police, at which time the neighbour saw Nancarrow running towards her house. The Deceased's neighbour closed her front door and called emergency services. She then heard a commotion outside her front door but did not open it again.

*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2024/717.html)

Disclaimer: Curated by HT Syndication.