Jordan James Fineanganofo has been found not criminally responsible for the murder of paramedic Steven Tougher.
Steven Tougher, was repeatedly stabbed by Jordan James Fineanganofo, without warning, outside Campbelltown McDonald’s in April 2023.
The NSW Supreme Court held that the evidence produced by both the Crown and Defence, including opinions of psychiatrists, met the criteria for the special verdict of act proven but not criminally responsible.
This verdict was reached under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), which governs cases involving mental health impairments in criminal proceedings.
Key Points of the Case
- Fineanganofo stabbed Tougher multiple times outside a McDonald’s in Campbelltown in April 2023.
- Both the prosecution and defence agreed that Fineanganofo met the criteria for a special verdict of “act proven but not criminally responsible”.
- Psychiatric evidence indicated that Fineanganofo was experiencing psychosis, including auditory hallucinations, likely due to a relapse of schizophrenia.
- The Supreme Court accepted that Fineanganofo did not know his actions were wrong at the time of the offence.
Legal Framework in NSW
Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW):
A person can be found not criminally responsible if, at the time of carrying out an act constituting an offense, they had a mental health impairment or cognitive impairment that had the effect that they:
- Did not know the nature and quality of the act, or
- Did not know that the act was wrong.
The court can order the defendant to be detained as a forensic patient, which is what occurred in the case of Jordan James Fineanganofo.
The Mental Health Review Tribunal will review the case periodically, typically every six months, to assess the Jordan James Fineanganofo’s condition and potential for release.
Any future release would be contingent on the tribunal being satisfied that Jordan James Fineanganofo no longer poses a risk to the community or themselves.
This verdict has sparked controversy, with the victim’s family expressing disappointment and frustration with the outcome. However, it aligns with the legal provisions designed to address cases where severe mental illness impacts an individual’s criminal responsibility.
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