Tougher was stabbed 55 times while on a break during a shift in Campbelltown, in southwest Sydney, in the early hours of April 14, 2023.
A man who stabbed paramedic Steven Tougher to death outside a McDonald's appeared to be in a trance and might have been experiencing a psychotic episode, a court has been told.
Instead of proceeding with the trial, Justice David Davies adjourned the court until Friday to consider if the mental health defence was made out. Tougher tried to push Fineanganofo away but was unable to, saying, "What are you doing? Stop stabbing me mate". Bystander James Arthur ran over in an attempt to help, kicking Fineanganofo and yelling at him to stop.Responding to the appeals of another bystander, Fineanganofo was reported either to have said "I'm going to jail anyway, I may as well kill him" or "I got to kill him because I got to go to jail".
Fineanganofo's barrister AJ Karim said the position of the defence was largely identical to the prosecution, including that the physical acts of the offences had been committed.The prosecution and defence engaged psychiatrists who agreed it was available for Fineanganofo to argue he knew what he was doing but did not know it was wrong.
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