The previous post is related to this case covered by http://www.ntnews.com.au : A TERRITORY magistrate has been accused of opening “Pandora’s box” after dismissing an assault case because the man was on his first “acid” trip and wasn’t responsible for his actions.
James Kidd, 22, had assault charges against him dismissed in Darwin Magistrates Court because he was incoherent and not criminally responsible.
Magistrate John Lowndes used a unique part of the NT Criminal Code to find Kidd did not “act with the necessary mental elements” to be held accountable for his crime.
“In order to be criminally responsible there needs to be a marriage between the physical elements and the mental elements,” he said.
Dr Lowndes found that Kidd – who was on his first LSD trip and couldn’t remember attacking June Moffatt in her front yard – was not in his right mind.
Ms Moffatt, 52, said she fears this will become a precedent for future offenders to escape prosecution.
Article By : http://www.ntnews.com.au