Ashwood Rooming House Rampage - Not Guilty

A man with a psychotic disorder lashed out after being evicted from a rooming house 

Charges: Murder and intentionally causing serious injury

Occurred: Friday, 15 March 2012

Where: 32 Salisbury Road, Ashwood

Judgment:  12 April 2013

Accused:  Barry Lee Kingi

Victims:  Jared Clinton (deceased), and Lisa, Jeremiah and Vincent Vu (injured)

What happened?
For several weeks, Barry, a 28 year old man who had been previously diagnosed with a psychotic disorder, had been living in an allegedly unregistered rooming house in Ashwood with, among others, Jared Clinton, Lisa Vu and her two children. On the night before the attack, Lisa, who ran the establishment, informed Barry that he would have to leave because of the damage he had earlier caused to an internet connection plug.  Barry grew angry and began to act unusually - he was seen later on that night lying on the floor muttering to himself.  In the early hours of the morning he knocked on all the residents' doors.  He came to Jared's door at 4am and a physical altercation ensued.  Barry dragged Jared out onto the street and attacked him further.  He left Jared lying helpless and returned inside the house.  Jared, 34 years old, died the next day in hospital of 'severe injuries to the head exacerbated by the injuries to his abdomen'.

Emergency crew at the scene (source).

Barry then entered the room occupied by Lisa and her two children.  He attacked all three of them, causing lacerations, bruising and memory loss to Lisa (who was in hospital for three days), head injuries to Jeremiah, a 15 year old boy who was hospitalised for two weeks, and several abrasions and bruises to Vincent, who was only three years old.

Later, during an interview with police, Barry (who was later observed by a forensic psychiatrist to be 'floridly psychotic and manic') did not say much other than that he was 'acting on a self defence theme'.

Outcome of trial
The prosecution and defence counsel agreed to run a hearing before a Judge pursuant to the Crimes (Mental Impairment and Unfitness to the Tried) Act 1997 (Vic).  Under that legislation, if it is established that the accused has a defence of mental impairment, he or she must be found not guilty.

The Judge was satisfied that Barry had a mental impairment which caused him to have no understanding of the nature and quality of his actions, nor that his conduct was wrong.  Accordingly, Barry was found not guilty of all charges.

Orders

Police outside the Ashwood home (source).

Barry received a custodial supervision order for a mandatory nominal term of 25 years. He was committed into the custody of Victorian Institute of Forensic Mental Health, which runs the Thomas Embling Hospital, a 116 bed secure mental health facility in Fairfield that houses patients from the criminal justice system. Barry will spend a minimum of 25 years in custody before the Court reviews the order.  In the meantime he may apply for temporary leave or extended leave from custody, which will be granted only if it is considered that the public will not be put at risk by his presence.

You can read the judgment here.  News articles are available here, here and here.