A Wendouree man who believed his father was the devil and he had to kill him to protect his family, has been found not guilty of murdering him due to mental impairment.
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The Supreme Court at Ballarat found Shane Gannon, 38, was suffering from acute paranoid schizophrenia when he stabbed his 72-year-old father to death in their Wendouree home on November 2, 2017.
Prosecutors accepted Gannon’s not guilty plea and mental impairment defence after two forensic psychiatrists assessed his mental health condition a number of times in 2017.
The psychiatrists, Leon Turnbull and Grant Lester, told the court they concluded a mental impairment defence was available.
Gannon, who was diagnosed with schizophrenia 18 years ago, was non-compliant with his medication for 12 months leading up to John Gannon’s death.
He started to feeling unsafe, anxious and fearful, drank alcohol and experienced insomnia, Justice Paul Coghlan said.
“He began to believe that his father was evil, a devil, a demon and that he needed to be killed before something happened to his family,” Justice Coghlan said.
“I believe Mr Gannon was suffering from acute paranoid schizophrenia at the time of the offence.”
Gannon, who lived with his parents, armed himself with a knife at 1am and entered his father’s bedroom while he was sleeping and stabbed him a number of times.
John Gannon told his son to ‘get away from me’ before he collapsed in the hallway. Gannon’s mother phoned triple-0 while Gannon told her his father was dead.
John Gannon had 13 stab wounds to the head and various parts of his body.
Gannon told a psychiatrist he “had to kill this demon to save someone in his family”.
The court was told Gannon experienced a long-standing domestic dispute with his father and he hated him at times but he would not kill him.
Gannon is likely to serve a custodial term at the Thomas Embling psychiatric hospital, however there will be a six-month wait before he is allocated a bed.
Justice Coghlan indicated the order could be made for 25 years.
He told Gannon’s family there were no winners in this case.
“There is nothing I can do or say to alleviate your grief but do our best to understand,” he said.
A further hearing will be held on February 19 in Melbourne, while the custodial order will be made in Ballarat at a date to be fixed.
Gannon pleaded not guilty to one count of murder.
