Man charged with murder of paramedic Steven Tougher found not criminally responsible due to mental impairment

The man charged with murdering NSW paramedic Steven Tougher has been found not criminally responsible due to a mental health impairment.

WARNING: This story contains graphic details of a stabbing attack that some readers may find distressing.

Jordan Fineanganofo repeatedly stabbed the 29-year-old without warning outside Campbelltown McDonald's while he was on a break with his shift partner in April last year.

The NSW Supreme Court heard both the Crown and defence agree that the proposed evidence against Fineanganofo, which includes opinions of psychiatrists, satisfies criteria for the special verdict of act proven but not criminally responsible.

Psychiatrists believed he was experiencing signs of psychosis including auditory hallucinations of demons during a likely relapse of schizophrenia and did not know the act was wrong.

Justice David Davies on Friday accepted the evidence of two psychiatrists; one engaged by the Crown and a second engaged by the defence.

"In my opinion, there is no evidence that casts any doubt on the opinion of the psychiatrists that the accused suffered from a mental health impairment," he said.

"I accept their opinions and find the accused was suffering from a mental health impairment at the time he carried out the physical acts."

The judge entered the special verdict for all charges.

Family of victim stunned by result

Family members of Mr Tougher shook their heads in the public gallery as that result was revealed.

When Fineanganofo was being led out of the dock, one person yelled: "You chose not to take your medication, you're the demon."

Outside court, Mr Tougher's father read a statement, saying the family is "appalled by today's outcome".

"Steven has been lost in this deeply flawed and broken process," Jeff Tougher said.

The court previously heard graphic details of the stabbing, including how Fineanganofo at one point said to a witness either, "I'm going to jail anyway, I may as well kill him" or "I've gotta kill him because I've gotta go to jail".

Those details were read out from a statement of agreed facts which has been signed by the 23-year-old.

The court heard that after bystanders pulled Fineanganofo away from the paramedic, he went back over to him and said: "Say you're sorry to me."

"I'm sorry mate, for whatever you think I've done," Mr Tougher replied.

He was stabbed dozens of times.

Fineanganofo pleaded not guilty to six charges including murder, intimidation, using an offensive weapon, larceny and intentionally damaging a vehicle.

Fineanganofo had stopped taking medication

The other charges related to several incidents in the lead-up to Mr Tougher's death.

The court heard Fineanganofo intimidated a woman at Bunnings, scratched a vehicle in the car park with the blade of a knife, and pulled the weapon on two different men after driving around and flashing his lights at motorists.

Fineanganofo was not taking medication at the time and had previously isolated himself in his bedroom, according to his family.

Psychiatrists' reports referenced how Fineanganofo heard various voices telling him to kill others and himself.

According to witnesses of the lead-up incidents, he appeared in a trance, calm, mumbling and grinning.

Psychiatrists were asked to consider Fineanganofo's comment that he was "going to jail anyway" in the context of his potential awareness of moral wrongfulness.

'Some awareness of the legal situation'

Forensic psychiatrist Kerri Eagle, who was engaged by the Crown, said he may have appreciated possible legal sanctions, but "felt compelled to engage in the conduct on the basis of distorted reasoning due to a delusion that the victim was demonic or auditory hallucinations ordering him to kill".

"He was not able to reason as to the moral wrongfulness of his behaviour which was driven by distorted beliefs, disorganised thinking and auditory hallucinations," she wrote in material provided to the judge.

Psychiatrist Olav Nielssen, who was engaged by the defence, said Fineanganofo's comment may have indicated "some awareness of the legal situation".

But in his opinion, the symptoms of an acute episode of psychosis were accompanied by "gross impairment in the capacity for logical thinking and in the ability to regulate his emotional responses".

This in turn "deprived him of the ability to consider the potential consequences of his actions with any measure of sense or composure", the psychiatrist reported.

Justice Davies accepted those opinions.

Jeff Tougher said he was appalled not a single witness or expert had been called to give evidence.

"What shocks us the most, is that more than 12 months after Steven's death, his killer was assessed by two forensic psychiatrists," he said.

"It was their opinions that ultimately led to the verdict that Steven's killer should not be held criminally responsible for his death.

"These opinions were never tested in court, and the two psychiatrists responsible for this deeply offensive decision have not even set foot in this courtroom."

As they left court, a member of Fineanganofo's relatives and supporters said: "We're sorry."

Defence lawyer Javid Faiz said it was "a tragic matter".

"They'd like to express deeply their sincere empathy and condolences."

The case will return to court next week, when victim impact statements will be read out.