Joseph Anthony Mitchell used the defence of ‘violent sleepwalking’ after he took the life of his son Blake and tried to kill his other two children, aged 13 and ten.
The 50-year-old, who sobbed as the verdict was read out, was allowed walk free after a witness said he was “effectively unconscious at the time of his attacks four years ago.”
Blake’s mother, Christine Perolini, hyperventilated as the verdict was read out and had to be taken out of court on a stretcher.
The defence team said that Mitchell was experiencing “non-REM parasomnia”, a disorder whereby sufferers do things unconsciously, at the time brought on by stress and lack of sleep.
After interviewing Mr. Mitchell a psychologist, who was testifying for the prosecution, stated that he wasn’t suffering from any mental health disorder.
And while the jurors asked if Superior Court Judge James Roberson would consider manslaughter, the Judge declared it was “murder, or not guilty”.
