Kym Bicknell, 36, pleads not guilty to alleged Modbury Hospital assault on nurse, 91-year-old
A 36-year-old man’s alleged violent outburst at an Adelaide hospital resulted in his arrest, and now after some strange mid-hearing statements, he will face trial flagging a mental incompetence defence.
North & North East
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The counsel of a man accused of assaulting a 91-year-old man and a 62-year-old man are seeking to argue his mental competence at trial – after his strange mid-hearing statement.
On Wednesday, 36-year-old Kym Bicknell appeared via video link from custody in the Adelaide Magistrates Court to enter pleas after an alleged violent outburst outside Modbury Hospital.
Counsel for Mr Bicknell said his client had been assessed for his mental competence.
“Mr Bicknell has been assessed … to assess whether he has a part 8A defence,” defence submitted.
Magistrate Simon Smart said it would be a matter for the trial court and would take pleas, which Mr Bicknell’s counsel said would be not guilty.
As Mr Smart read the charges, Mr Bicknell, of Ridgehaven, responded “guilty” to the one of the theft charges – but corrected himself.
“Nah I’m pleading not guilty your honour,” Mr Bicknell said from the screen.
“I’m pleading not guilty on aggravated assault causing serious harm, but everything else, what am I fighting? You know what I mean.”
Bicknell has now recorded pleas of not guilty to one count each of aggravated recklessly causing serious harm aggravated recklessly causing harm to another, aggravated assault that causes harm with a weapon, basic assault, aggravated committing theft using force.
Mr Bicknell was arrested in May over the alleged assault after he had been receiving treatment for a skin infection.
During the incident outside the hospital, a 91-year-old man, a 62-year-old man, a nurse at the hospital and a security guard were allegedly assaulted. The two men’s wallets and nurse’s handbag were also allegedly stolen.
Following the alleged assault, 91-year-old Victor Watson, who was visiting his wife in hospital with his son-in-law when the pair were allegedly assaulted, have called for further measures to protect visitors.
The hospital has since committed to extra security measures, including security escorts after dark and guaranteed parking for all staff working after hours and weekends.
Mr Watson welcomed the change but said security also needed to be closer to the doors to prevent any incidents from occurring in the future.
Mental competence to stand trial and be found guilty of a criminal offence is dealt with under Part 8A of the Criminal Law Consolidation Act 1935.
If found mentally incompetent at law, a defendant did not know the nature and quality of the conduct, could not reason about whether the conduct was wrong and was totally unable to control the conduct.
Mr Smart remanded Mr Bicknell in custody to be arraigned in the District Court in February next year.