A Tasmanian man who pointed a fake gun at a teenage McDonald’s worker during a manic episode has been found not guilty on mental health grounds.
The then 47-year-old pulled up to the Devonport drive-through about 5:15am on August 4 in 2023 and aimed a black toy handgun at the 19-year-old serving him.
The young worker thought the weapon was real and feared she was about to be shot.
As he collected his food order, the man tapped the gun on the window frame before pointing it directly at her.
His passenger also aimed the weapon at the terrified teenager.
“She’s scared, she’s a woman,” one of the men said before driving off.
The Supreme Court heard the man was in the grip of a severe bipolar episode at the time.
Two days later, he was involuntarily admitted to the high-dependency unit of the Spencer Clinic at the North West Regional Hospital.
A forensic psychologist told the court the man’s manic state had caused such extreme dysfunction that he couldn’t comprehend his behaviour would terrify someone.
“His social comprehension, judgment, decision-making and insight were lacking,” the expert said.
The man, who receives a disability support pension, has required involuntary mental health treatment numerous times since 1999.
His symptoms have included manic moods, delusional beliefs, aggression and thought disorder.
He told the psychologist he had little memory of the incident and “may not have been thinking clearly” because he was “manic” at the time.
Justice Robert Pearce found the man did commit the assault but was incapable of understanding it was wrong.
The verdict means he was found to have committed one count of aggravated assault but is not criminally responsible under Tasmania’s Criminal Code.
