R v Iusi Afele

1Iusi Afele ("the accused") has pleaded not guilty to an indictment alleging that on 5 March 2013 at Bathurst in the state of New South Wales he murdered Steven Chesworth ("the deceased"). 2On 28 February 2014 counsel for the accused filed a notice of motion seeking a trial before a judge alone pursuant to provisions of s. 132 of the Criminal Procedure Act 1986. The Crown consented to that application and I made orders accordingly. 3The accused's trial took place before me on 31 March 2014. The Crown tendered, by consent, two volumes of documentary material which were marked exhibits "A" and "B". That material included medical evidence which raised a defence of mental illness. 4In addition to the documentary material tendered by the Crown, I also heard oral evidence from two Forensic Psychiatrists, Dr Stephen Allnutt and Dr Richard Furst. 5I record my thanks to both counsel for the sensible and practical manner in which the trial has been conducted.

THE CROWN CASE 6The Crown case may be shortly stated. 7The deceased and the accused resided in an apartment block in Bathurst. All of the residents within the block were tenants of the Department of Housing. The accused and the deceased were friendly with one another, to the point that in the latter part of February 2013 the deceased had assisted the accused painting his premises. 8Several of the residents of the apartment complex were in the habit of meeting in unit 8, occupied by Robert Foster, on most mornings of the week. Mr Foster's premises were located on the ground floor of the complex. He resided with another man by the name of Steven Porter. 9On the morning of 5 March 2013 several people gathered in Mr Foster's premises. They included the deceased who was sitting in a lounge chair near the front door. The accused entered the premises shortly after 8:00 am. He did not engage with the neighbours when they greeted him as he walked in, a circumstance which those neighbours regarded as unusual. The accused took a few steps towards the chair where the deceased was sitting and stood behind it. Those present were not able to ascertain that the accused was holding a large knife secreted in the sleeve of his top at the time. 10The accused then commenced to strike the deceased in the chest and abdomen with the knife. To those present, it initially appeared as though the accused was punching the deceased but they soon realised that he was in fact stabbing him. The deceased suffered a number of serious wounds as a result of the blows delivered by the accused. One of the neighbours present described the accused as having a "strange" look on his face as he walked from the unit, still holding the knife that he had used to stab the deceased. 11Those present tried to render first aid to the deceased, whose condition rapidly deteriorated. He lost consciousness within a short period of time and died at the scene, ambulance personnel not being able to revive him following their arrival. A post mortem examination confirmed that the deceased died as a result of the wounds inflicted by the accused. 12Police quickly ascertained that the accused was responsible for stabbing the deceased. They attended his premises and spoke with him, before placing him under arrest. The accused made some admissions at the scene. In particular, he told police that the knife that he had used to stab the deceased was in the kitchen sink. He also acknowledged that he had attempted to wash the blood from the knife. 13The accused then accompanied police back to the police station where he was given the benefit of access to legal advice. He was interviewed on that occasion, and was then charged. 14Several days later the accused made contact with police, following which a further interview was arranged. In the course of that interview the accused made extensive admissions to the killing of the deceased which are detailed further below.