Mass shooter Benjamin Hoffmann claims he is unfit to plead over jail cafeteria coffee assault

Mass-murderer Benjamin Hoffmann has claimed he’s a ‘broken man’ in his bid to appeal a conviction over a hot coffee assault on a fellow prisoner. LATEST DETAILS.

Mass-murderer Benjamin Hoffmann has described himself as a “broken man”, claiming he acts only on impulse and fear while walking through the prison halls he now calls home.

The infamous Darwin city shooter told the Supreme Court on Tuesday that after being repeatedly bashed and threatened by fellow inmates, he was “not in control” of his actions when he marched over to a seated prisoner and flicked a hot coffee cup onto his shirt in November 2021.

Hoffmann has launched his appeal against the aggravated assault finding, maintaining he should have been found unfit to plead due to his mental health.

In September, Local Court Judge Ray Murphy sentenced Hoffmann to three months in prison for his hot coffee assault of Jason Doyle – adding to Hoffmann’s three life sentences without the possibility of parole.

But the convicted killer said he was the true victim, marked as a “target within the NT prison system” and treated as a protected prisoner following a series of “premeditated, unprovoked attacks”.

He alleged while locked up he was the victim of a three-on-one bashing, had other prisoners try to “cave my head in” with a rock, repeatedly threatened and told “I’ll smash you f--k head”.

Ben Hoffmann on the phone at Holtze Prison before he allegedly splashed coffee on a fellow prisoner in November 2021. Picture: NT Courts

Hoffmann said these bashings had led to a diagnosis of post traumatic stress disorder, resulting in a “fight or flight” response, stating: “when I am threatened I take it very seriously”.

“I am frightened and confused, I don’t know what I’m doing,” Hoffmann said.

“I am a broken man.

“My life’s a mess and I’m struggling to cope.”

Hoffman has alleged his victim, Mr Doyle, threatened him the day before and therefore he acted on instinct and did not plan to slap the coffee cup onto him.

A year after he was sentenced, Hoffmann alleged it was an error for his local court case not to be referred to the Chief Health Officer, to assess if he was unfit to plead due to mental impairment.

He said his mental health conditions were well known, claiming: “I’ve taken 14,000 tablets over the last five years”.

Prosecutor Tamara Grealy said the question of mental impairment had been repeatedly raised in Hoffmann’s assessments for his Supreme Court trial, with the expert defence witnesses concluding that he was fit to plead for the three murders and manslaughter charges.

Ms Grealy said Mr Murphy had the discretion to refer someone to the mental health list, but because of these higher court determinations the Darwin judge had continued with the hearing.

However Justice Huntingford questioned if these previous assessments for completely different offending were applicable to the jailhouse assault.

“It’s a question of whether the investigation should have been done,” she said.

After listening to Hoffmann talk for 75-minutes straight, Justice Huntingford summarised Hoffmann’s case: “What you’re really saying to me is that there was enough material for Judge Murphy that he should have referred your case to the Chief Health Officer for a certificate”.

Hoffmann also questioned why “petty incident” was considered an “aggravated” assault, with Justice Huntingford explaining that the cup of hot water was classified as “a weapon”.

The convicted killer disputed the coffee was “uncomfortably hot” — saying the water in Sector 5 did not go above 45 degrees.

“I don’t believe a cup of coffee is an offensive weapon,” Hoffmann said.

Following the two and a half-hour appeal hearing, Justice Huntingford said her decision would take about four months.

Originally published as Mass shooter Benjamin Hoffmann claims he is unfit to plead over jail cafeteria coffee assault