Broome man who killed non-biological brother not guilty of murder due to mental impairment
The Broome Supreme Court heard Ian Ralph Brooke was suffering from a mental impairment when he killed his non-biological brother. (ABC Kimberley: Tom Forrest)
In short:
Ian Ralph Brooke is found not guilty of murdering his non-biological brother on account of mental impairment.
A special proceedings hearing in the West Australian Supreme Court in Broome heard Mr Brooke was suffering from a psychotic disorder when he fatally stabbed the 27-year-old in November 2023.
What's next?
A decision on whether he will remain in custody or receive a community supervision order has been adjourned to a later date.
A man who killed his non-biological brother in Western Australia's far north has been found not guilty of murder on account of mental impairment.
A special proceedings hearing in the Supreme Court in Broome this week heard Ian Ralph Brooke was suffering from an acute psychotic disorder when he fatally stabbed the 27-year-old at their family residence in November 2023.
The court heard evidence from two forensic psychiatrists who said, at the time of the attack, Mr Brooke believed the victim was a devil that was going to kill him, and was in "acute fear".
Not guilty finding
On Wednesday afternoon, Justice Peter Quinlan said he was satisfied beyond a reasonable doubt that Mr Brooke killed the victim by stabbing him several times but due to his mental impairment, was not guilty of murder.
Justice Quinlan said he accepted evidence from the two psychiatrists who said Mr Brooke's delusions had deprived him of the capacity to control his actions.
A crime scene was established at the Broome residence after the death. (ABC Kimberley: Andrew Seabourne)
The court heard Mr Brooke was diagnosed with fetal alcohol spectrum disorder (FASD), intellectual disability and ADHD from a young age.
Justice Quinlan said, in the lead up to the fatal stabbing, multiple people had raised concerns Mr Brooke was behaving strangely, with a support worker first reporting concern about his mental health in October.
The court heard that two days before the death, Mr Brooke was "acting very strangely" and had walked around the family residence with a tomahawk and knives and had at one point asked his non-biological mother to "forgive" him.
"[It was] pretty clear by then everyone was worried about Mr Brooke," Justice Quinlan said.
"While everyone was worried, nobody could have known what would happen next."
'A very sad case'
A forensic psychiatrist told the court he believed it was "highly unlikely" Mr Brooke could have fabricated his accounts of the incident due to the consistency and detail provided to him and another psychiatrist over a six-month period, coupled with his intellectual disability.
Justice Quinlan said he was satisfied the accounts provided by Mr Brooke "were truthful" and accepted that his intellectual disability would make it "very difficult" to fabricate the same account over a long period of time.
"It is so difficult for us to understand Mr Brooke's delusion, and it would have been difficult for Mr Brooke to describe it," he said.
The victim died at the Broome property in November 2023. (ABC Kimberley: Andrew Seabourne)
Justice Quinlan said it a "very sad case" and directly addressed Mr Brooke's non-biological parents who were present in court, saying they were "very generous people" who had worked hard to care for Mr Brooke and others.
"There should be more people like you in the world," he said.
A decision on whether Mr Brooke will remain in custody or receive a community supervision order has been adjourned to a later date.