A man who slashed a co-worker at a Mayfield cafe with a large knife before leaving the blade embedded in her chest has been found by a court to have committed the acts of violence but cannot be held criminally responsible because he was suffering from the effects of a severe mental health impairment - likely schizophrenia.
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Adrian Stratton, 25, remains in custody after Judge Roy Ellis referred him to the Mental Health Review Tribunal for consideration after he delivered a special verdict in the judge-alone trial in Newcastle District Court on Tuesday.
The court heard that psychiatrists enlisted by the Crown and defence both agreed that Stratton was being affected by a serious mental health impairment at the time of the attack and that, although his actions were voluntary, he did not have the capacity to understand they were wrong.
Judge Ellis said he was satisfied with the findings in the expert reports and delivered the special verdict, saying he found the allegations against Stratton proven but that he could not be held criminally responsible for a charge of causing grievous bodily harm with intent to murder.
According to an agreed statement of facts, Stratton was working as a kitchen hand at the Onyx cafe on Maitland Road on the afternoon of May 12, 2021, where the victim was a chef.
The pair had previously had a good working relationship and the court heard that the attack had come "out of the blue".
The victim was washing her hands in a corner sink about 2.30pm when Stratton took a frying pan from the wall and twice hit her on the head.
As she turned to face him, dazed from the blows, Stratton pulled a knife from a nearby utensil holder - Judge Ellis said the victim had sharpened the 20cm-long blade that morning.
Stratton slashed at the chef, who suffered several cuts - one leaving a tendon exposed - as she held her arms up in an effort to protect herself.
The kitchen hand then stabbed the victim in the armpit, with the knife cutting into her chest and causing lung injuries a doctor later said were life threatening.
When the woman went into the rear courtyard of the cafe looking for help - the knife still embedded in her chest - she again came across Stratton, who tried to hit her repeatedly on the head with a fire extinguisher. Again, the victim used her arms to protect herself.
Stratton fled the scene and was arrested nearby while the victim was rushed to John Hunter Hospital.
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