Adelaide DJ Ben Maksimovic to argue mental competence over alleged Tea Tree Gully stabbing
He allegedly stabbed his mother’s partner during a drug detox, but this Adelaide DJ has told a court he wasn’t mentally capable of committing the crime.
Police & Courts
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An Adelaide DJ who allegedly stabbed his mother’s partner during a drug detox will argue he was not mentally competent to have committed the crime.
Ben Maksimovic, also known as producer and DJ Ben Mak, 29, appeared in Adelaide Magistrates Court on Wednesday to enter a plea.
Counsel for Mr Maksimovic asked that the matter be adjourned as a report into his client’s mental competence had been received.
Magistrate Simon Smart said there was “no reason” to delay entering a plea, as mental competence is not a matter for the committal court.
“When there is an issue of mental competence, it is an issue for the trial court,” His Honour said.
Mr Smart read out the single charge of attempted cause serious harm with intent against own child or spouse.
Mr Maksimovic, of Ridgehaven, responded “not guilty” from the dock.
Mr Maksimovic is alleged to have taken a knife on April 28, 2024, stabbing his mother’s partner, leaving the 53-year-old Tea Tree Gully man with four stab wounds to his neck and head.
The court previously heard Mr Maksimovic moved in with his mother and her partner to help with his “escalating” drug addiction days before the alleged stabbing.
Mental competence to stand trial and be found guilty of a criminal offence is dealt with under Section 269 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 Maksimovic on continuing bail to appear in the District Court for the first time in February next year.
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