Ben Hoffmann to face sentence after fitness to stand investigation denied
A sentencing date for 47-year-old mass murderer Ben Hoffmann has been set after a last-minute attempt to overturn his plea.
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A SENTENCING date has been set for triple-murderer Ben Hoffmann after a protracted legal stoush over his bloody shooting spree through Darwin in 2019.
The 47-year-old mass murderer appeared before Justice John Burns in the NT Supreme Court on Friday for a mention, his second court appearance in as many days.
Hoffmann initially pleaded not guilty for his role in the murder-spree, which claimed the lives of Hassan Baydoun, Michael Sisois and Rob Courtney, as well as the manslaughter of Nigel Hellings.
After 20 days of evidence, including hearing from 120 witnesses, Hoffmann pleaded guilty in November.
Eight days after his plea Hoffmann fired his lawyers, with his new representatives arguing the 47-year-old was unfit to plead because of his mental state.
On Thursday, Justice Burns stated it would be “absurd” to suggest a special hearing was needed to determine whether Hoffmann committed offences he has already pleaded guilty to when those pleas have “not been impugned”.
“I am satisfied that I have no jurisdiction to order an investigation under the Code into the prisoner’s fitness to stand trial.” Justice Burns said.
Justice Burns said even if Hoffmann was incapable of giving instruction to his lawyers, a stay of sentencing would result in him being in custody “indefinitely” on remand.
“The effect on the prisoner of not proceeding to sentence would be the same as imposing a life sentence and declining to set a non-parole period,” he said.
Justice Burns said assuming Hoffmann was unable to give instruction to his lawyers presently, the appeals process was available when he was capable of providing instructions to his lawyers.
“I decline to order an investigation into the prisoner’s fitness to stand trial or to participate in the sentence proceedings,” he said.
On Friday Justice Burns confirmed Hoffmann would remain in custody until his sentencing hearing on May 27.
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Originally published as Ben Hoffmann to face sentence after fitness to stand investigation denied
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