A man who has admitted fatally stabbing a stranger while he was waiting at a Perth bus stop is claiming he should not be held criminally responsible for the death because was not of sound mind at the time.
- Ian Baz Bosch was stabbed while on a shopping trip for a child’s birthday party
- Ben Daly admits killing Mr Baz Bosch, but claims he was affected by mental illness
- Mr Daly has a history of mental health problems and illicit drug use
Ben William Cedric Daly, 30, is on trial before a Supreme Court judge accused of murdering 43-year-old Ian Michael Baz Bosch on November 19, 2016.
The court was told Mr Baz Bosch — a landscaper and father of two children — was on his way to the shops to buy a birthday card and a fruit platter for his young son to take to a 10th birthday party later that day.
While Mr Baz Bosch was sitting waiting for a bus to arrive about 7:30am, Mr Daly stabbed him once in the neck before running off.
Mr Baz Bosch died three days later in Fiona Stanley Hospital.
Mr Daly has admitted inflicting the fatal wound, but has argued he was deprived of the capacity to control his actions, and to know that he ought not have stabbed Mr Baz Bosch, because of his mental illness.
A history of drugs and psychosis
State prosecutor Brett Tooker said Mr Daly had a history of mental illness, with medical records showing he was diagnosed with psychosis in October 2012 after he reported hearing voices.
Two years later, he was diagnosed with schizophrenia.
Mr Tooker said Mr Daly also had a history of cannabis and amphetamine use, and of not taking his medication.
At the time of Mr Baz Bosch’s death, he was receiving treatment in the community and living at home with his mother.
The court heard Ben Daly stabbed Mr Bosch once in the neck before running off. (Facebook: Ben Daly)
Mr Tooker said two psychiatrists would be called during the trial, with one due to testify for the prosecution that he was not able to conclude that Mr Daly was deprived of any of his capacities.
The court heard that was because Mr Daly had not given an account of events on the day, including “how he was thinking and feeling and his perceptions of the world” at that time.
CCTV footage has been played to the court showing Mr Baz Bosch getting on and off a bus, before walking to a second bus stop.
It was at this stop that the stabbing happened while he was waiting for a second bus.
The footage also shows Mr Daly leaving his home and walking through a shopping centre in the minutes before the alleged murder.
‘Complex’ investigation took months
Mr Tooker described the police investigation as “complex and long-running” and said Mr Daly was not charged with Mr Baz Bosch’s murder until March 2017 — four-and-a-half months after the stabbing.
The court heard Mr Daly was considered a suspect in the days after the stabbing and his home was searched on two occasions, including once in January 2017 when a pair of his boots were found buried in the backyard.
A listening device was also installed in the house, and Mr Tooker said Mr Daly was recorded talking about “hunting and killing paedophiles” in March 2017.
In a recording played to the court, Mr Daly could be heard saying, “the kids are the most important thing” and “look them in they eye and if you see anything let me know … or kill them yourself if you can”.
He was also heard saying that, “because of my schizophrenia some people think I’m disabled because I’m on a disabled pension …”