David Janzow, who killed his son Luca in 2014 while affected by mental illness, asks Supreme Court to order his release from care
Almost eight years ago, this man killed his son while affected by mental illness. Today, a court heard he was ready to rejoin society and was asked to release him.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
A man who, while affected by mental illness, killed his four-year-old son has asked a court to release him from a secure facility – almost eight years after the tragedy.
On Monday, counsel for David Janzow told the Supreme Court the time had come to consider allowing their client to continue receiving psychological treatment in the community.
In July 2014, Mr Janzow killed his son Luca, 4, while affected by mental illness and was subsequently found not guilty by reason of mental incompetence.
He was ordered to serve a limiting term of life – a period under mental health supervision equal to the prison term an unaffected person would have received.
Limiting terms can be served in at the secure James Nash House mental health facility, in the community or a combination of both.
Patients who would have otherwise been convicted of offences such as murder or manslaughter typically begin their limiting terms in that facility.
In 2018, Mr Janzow was granted limited periods of supervised time in the community and, a year later, sought to have that supervision relaxed.
Usually, James Nash House inpatients spend a period of time in the “step down” facility know as Ashton House, which is on the same grounds, prior to returning to the community.
That 10-bed facility has lower security and features such as a library and garden to help patients reacclimate to society.
The Advertiser understands Mr Janzow has completed a period of time at Ashton House since being granted limited supervised leave in 2018.
On Monday, Stephen Ey, for Mr Janzow, said his client was ready for a further step-down in his supervision.
“This is our application for discharge from James Nash House to reside at a certain address,” he said.
“The court should already have the annual report about my client’s health, and we’re asking for another report.”
Lucy Boord, prosecuting, said she did not oppose that course.
“That report will probably take about two months (to complete), and the prosecution requires only one report given the circumstances of this case,” she said.
“We will obtain a report from the victims and next of kin, and provide that to the court.”
Justice Laura Stein remanded Mr Janzow to appear in court again in April.