Teen guilty of manslaughter over Lachie Andrews’ death
A teen who fatally stabbed another teen in a horrific brawl at a northern rivers KFC has been found not guilty of murder, but of manslaughter after a judge said he had gone too far to defend himself.
Lismore
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A teen who stabbed another teen to death in a vicious brawl at a northern rivers KFC has been found guilty of manslaughter after a judge found he had gone too far to defend himself.
Canberra tradie Lachie Andrews, 17, had only recently moved to Casino when he was fatally stabbed in the KFC carpark on May 29, 2022.
A court had previously heard tensions between Lachie and the teen charged over his death had been escalating for days before the pair came to blows at the restaurant.
The teen – who cannot be identified – stabbed 18-year-old Harrison Hone in the back, and then Lachie in the neck with a knife – fatally injuring him.
He had pleaded not guilty to murder and wounding with intent on the basis he was acting in self defence and was substantially impaired due to his foetal alcohol spectrum disorder diagnosis.
At the NSW Supreme Court at Coffs Harbour on Friday, Justice Hament Dhanji found the teen not guilty of murder, but guilty of manslaughter on the grounds of excessive self-defence.
He was also found not guilty of wounding with intent or reckless wounding in respect of stabbing Mr Hone.
“The situation was, I accept, extreme,” Justice Dhanji said in his judgment.
“The accused believed he was going to die – a belief he was in serious danger, and even would be killed unless he took action persisted after he regained his feet.”
Justice Dhanji noted the teen was outnumbered in a two on five situation, and had been on the ground being kicked and punched for nine seconds before he got to his feet and stabbed Lachie.
“A belief he would be killed does not mean any response is a reasonable one,” Justice Dhanji said.
“The use of a knife is an extremely serious step to take – his act in striking at the deceased in the area that he did was not a reasonable response.
“Despite the threat perceived, was it reasonable to continue to strike in this fashion rather than to attempt to disengage? The Crown has satisfied me the response was not reasonable.”
Justice Dhanji said he could not be satisfied the teen was aware Lachie was being restrained when he stabbed him – but he was satisfied it was deliberately thrust in the head, neck and upper torso area.
“He would have been aware it would be likely to cause significant harm,” Justice Dhanji said.
“I’m satisfied he intended to cause grievous bodily harm.”
In acquitting the teen of wounding with intent in respect of stabbing Mr Hone, Justice Dhanji said he could not be satisfied the teen did not believe his actions were necessary in his own defence and that the perception he was going to be killed was a factor.
He also acknowledged a report from a psychologist which opined the teen’s foetal alcohol spectrum disorder and attention deficit hyperactivity disorder would have made him more likely to become overwhelmed.
The court further head the teen had reportedly said to a mother figure: “I didn’t mean to hurt anyone, I wanted to frighten them because I thought they were going to kill me, I was just waving it around thinking that they would run away.”
The teen will remain in custody on remand until his sentence on October 11.