Richard Barraclough KC leading Kerry Waitt

Richard Barraclough KC leading Kerry Waitt, represented a 25 year old man who was indicted for attempted murder of his maid. He was found to be unfit to stand trial and after a jury found that he did the act, he was sent to a secure unit with a Section 41 restriction order.

D, who suffers from paranoid schizophrenia, stabbed his live-in housekeeper, JN, on the night of February 25, 2024. He claimed to have been acting under the delusion that JN was “full of demons.” After the attack, he told emergency services and his uncle that he had stabbed her because she was possessed. The brutal attack involved D stabbing JN multiple times in the head and body, followed by an attempt to strangle her. JN managed to escape and call for help, suffering severe physical and emotional injuries, including PTSD, anxiety, and depression. She now relies on charity and feels abandoned by her employer, who offered no support.

Four psychiatrists assessed D and unanimously agreed that he was suffering from paranoid schizophrenia at the time of the incident and continues to experience psychotic symptoms. They emphasized that his mental illness is likely resistant to treatment, and he has no meaningful insight into his condition. D’s violent actions are seen as a significant risk to public safety, and his lack of response to treatment further complicates his recovery prospects.

The judge considered D’s condition in sentencing, acknowledging that while D has no criminal history, the severity of the attack and his untreated mental health issues present a significant ongoing risk. A Section 41 Restriction Order was deemed necessary to ensure D’s continued psychiatric care and monitoring, with the possibility of conditional discharge only if he shows significant mental health improvement. The psychiatrist testified that D’s delusions could lead him to harm others in the future, and there is no certainty about his recovery.