The State of Western Australia v Zahidi [No 2]

In the Supreme Court of Western Australia, the State of Western Australia prosecuted Mr Liaqat Ali Zahidi for the attempted murder of Muhammad Daniel Waheed, committed on 8 September 2021 at the Koala Backpackers hostel in Perth. Mr Zahidi admitted to the stabbing but claimed a defence of insanity or mental impairment under section 27 of the Criminal Code Act Compilation Act 1913 (CCA). The court had to decide whether Mr Zahidi was in a state of mental impairment that deprived him of the capacity to control his actions or know that he ought not to do the acts that caused the death of the victim. The court considered expert psychiatric evidence and the accused's background, including his history of mental illness and significant head injuries sustained in prison. The evidence suggested that Mr Zahidi suffered from schizophrenia and lacked the relevant capacity at the time of the offence. The court found that the accused was not criminally responsible for the attempted murder due to his mental impairment, acquitting him of the charge. The court's decision was based on the principle that the accused's mental state at the time of the offence deprived him of the capacity to control his actions or know that his actions were wrong. The court emphasised the importance of assessing the accused's actions by the standards of those with a mental illness, rather than those without.