Dr. W.J. Komer

Mr. Gidharry was sentenced for attempted murder after attacking his plant manager with samurai swords, causing significant physical and emotional injuries.

He had also pleaded guilty to aggravated assault and carrying concealed weapons, which were conditionally stayed.

The court considered aggravating factors including premeditation, use of deadly weapons, and severe victim impact, and mitigating factors such as no prior criminal record, employment, family support, and harsh pre-sentence custody conditions due to the pandemic.

The court imposed a sentence of 17 years' imprisonment, reduced to 12 years and 9 months after credit for pre-sentence custody.

The appellant pleaded guilty to two counts of assault with a weapon after attacking his adoptive parents.

Following psychiatric assessments, the trial judge found the appellant not criminally responsible (NCR) due to a mental disorder, likely schizophrenia.

The appellant appealed the NCR verdict, arguing ineffective assistance of counsel and that the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding that trial counsel's strategy was professional and caused no prejudice, and that the NCR verdict was well-supported by the evidence of the appellant's mental decline, bizarre behaviour, and expert testimony.