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Danielle Gilmour secures acquittal on grounds of insanity in Aggravated Burglary and Section 18 stabbing.

22/05/2023

Following a 4-day trial at Newcastle Crown Court, a jury returned unanimous verdicts of Not Guilty by Reason of Insanity against the Defendant, BJ, on all four counts including aggravated burglary and a section 18 wounding in which a woman suffered stab wounds to the chest.

The Prosecution case was that BJ had entered a neighbour’s property and assaulted him, causing bruising and abrasions. The police were called but before they arrived, a couple of hours later, BJ made his way into another neighbour’s house where he assaulted her with a knife before following her outside. Neighbours intervened to pull them apart.

The woman suffered cuts and bruising and stab wounds to the chest.

Although the Defendant was fit to plead, the case involved the instruction of specialist medical and neurological experts and the analysis of rare post-ictal confusional state behaviours. The defence case was that the Defendant was acting as an automaton throughout.

BJ was acquitted of all offences including assault occasioning actual bodily harm, aggravated burglary, section 18 wounding and possession of a knife in a public place on grounds of insanity.

A 2 year supervision order was imposed for Probation to assist with ongoing medical management.

Danielle was instructed by Dan Henderson of Michael Henderson and Co.

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Crime

Danielle Gilmour

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