A young man found not guilty of murdering a homeless man must spend another three months in prison because there are no beds available in a psychiatric hospital.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Former Melbourne Grammar student Easton Woodhead was in November last year found not guilty of murdering Wayne "Mouse" Perry, 42, although he stabbed him to death on January 5, 2014 at Enterprize Park, near the Melbourne Aquarium.
A Supreme Court jury accepted Mr Woodhead, 21, did not know what he was doing when he stabbed Mr Perry with a large knife in the belief the homeless man had stolen his motorbike. Mr Woodhead lived in a Flinders Street apartment at the time.
Mr Woodhead was found not guilty by way of mental impairment.
The trial was told he smoked cannabis daily, believed his father was a werewolf, and had had an eye tattooed on the back of his shaved head to mark the spot where he would be shot.
Mr Woodhead has been in custody since he was arrested soon after Mr Perry's death, including time in prison since the jury verdict on November 2 last year, because there were no beds available in the high-security Thomas Embling psychiatric hospital.
The court heard on Wednesday a bed would not be available in the hospital until April 26 and Mr Woodhead would stay in jail until then. He is also due to return to court that day.
Justice Jane Dixon said Mr Woodhead's stay in prison was far from ideal, although he was receiving anti-psychotic medication and being monitored.
"It is an undesirable situation in that he may now have been in custody, in a prison, for two years, despite the jury verdict," she said.
Justice Dixon must decide whether to keep Mr Woodhead in the hospital once a bed becomes available.
The court heard a medical report showed Mr Woodhead had shown insight into his mental-health problems and was co-operating with authorities.
But defence counsel Michael Tovey, SC, said the only treatment his client was getting in prison was medication and being told he could seek further help if needed.
Easton Woodhead has been in custody since he was arrested soon after Wayne Perry's death in January 2014. Photo: Wayne Taylor
"That's a fairly barren area for those of us who want to understand how this is going to translate into treatment for his future," Mr Tovey said.
Justice Dixon said she could wait until Mr Woodhead was at Thomas Embling before she decided if he stayed there.
But prosecutor Robyn Harper said Mr Woodhead would not have access to the full range of services at the hospital until he was a patient.
Justice Dixon told Mr Woodhead, who appeared via video link, there were no other alternatives to him staying in prison until his next court appearance.
