It appears that the accused and his father had strained relations with each other since the former was about three years old. From then on, the accused lived with his mother. A few months before the murder, the accused and his mother started plotting the death of the victim. The plan was to hack the victim with an axe and burn down his house to conceal and destroy any evidence.
On the morning of December 29, 2007, the accused’s mother made arrangements with the victim to retrieve a pet parrot that the latter no longer wanted to keep. The accused and his mother then prepared kitchen knives, an axe, and some matches, among other things.
Upon arriving at the victim’s residence, the accused’s mother and father engaged in conversation while the accused watched TV. In due course, the victim went to bed while the accused and his mother continued watching TV until they, too, fell asleep. At around early dawn, the accused and his mother awoke and proceeded to the victim’s bedroom. There, they stabbed the victim several times with the kitchen knives. He died later on.
During trial, the accused manifested that he knew it was wrong to kill innocent people. However, he believed that it was right to kill “…someone who’s real bad and they’ve done lots of bad things…” such as his father. It was held by the court that at the time of the commission of the offence, the accused had an intention to kill.
However, even with a clear intention to kill, there was overwhelming evidence from psychiatric reports that the accused was mentally ill at the time he killed his father. It was shown that he had delusional beliefs that his father abused him since he was very young, that his father wanted to murder him, and that his father had been trying to poison him his entire life.
It should be noted that no evidence was found proving that the father in fact abused the accused in any way, especially since his parents were already separated by the time he was three. So while the accused was fully aware of the nature of his acts, it was decided that the accused’s capacity to understand or discern the wrongfulness of his actions was greatly impaired.
This article provides basic information only and is not a substitute for a professional or legal advice.Criminal lawyers Parramatta, Criminal lawyers Liverpool, Criminal lawyers Penrith, Criminal lawyers Macarthur,Criminal Lawyers Parramatta
R A Hulme, J. (May 10, 2010). R v JH  NSWSC 531. In New South Wales Caselaw.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.