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Jail for attempted murder of brother

NZ Newswire logoNZ Newswire 21/02/2017

A Rotorua man has been jailed for more than 10 years for trying to kill his brother but the sentencing judge, possibly for the first time in New Zealand history, had no insight into his mental state.

Nathan Simon, 41, was sentenced in the High Court at Rotorua on Wednesday to 10 years and six months' jail for the attempted murder of Darcy Simon in 2015.

It was probably the first time a judge had sentenced anyone on the charge without a psychiatric report, as Simon had not cooperated while in custody, Justice Sarah Katz said.

During his lawyer's submissions Simon talked over her and, as he was led from the dock, called out "what about the bug?". He was referring to what he had claimed was a bug in his head.

The judge said despite Simon's refusal to talk to a psychiatrist while being held in a secure mental health unit staff had formed the view he didn't show any psychopathic disorder.

The judge noted it couldn't be confirmed Simon suffered from a drug-induced psychosis when he repeatedly stabbed his brother, first in his bed then outside his home in a frenzied attack which was witnessed by his brother's young children.

The attack was prompted by Simon's belief his bother was having a relationship with his partner. He had told his father that he was hearing demons, was paranoid gangsters were after him and could see things other people couldn't see,

Simon had been acting so irrationally before the attack and after a prolonged period of methamphetamine use coupled with lack of sleep, his sister- in-law had called 111 several times, Justice Katz said.

"The police either didn't respond or where unable to locate you," she told Simon.

After Simon's initial attack his brother retaliated with a machete which left Nathan Simon with a head wound that required 27 staples.

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