Cullercoats man who stabbed victim after epileptic fit not guilty of murder 'by reasons of insanity'

A man has been found not guilty of murdering a grandfather by reasons of insanity after carrying out an attack in the aftermath of an epileptic fit.

Andrew Peacock admitted killing Lee Santos by stabbing him at least 59 times in Cullercoats on 23 December 2022.

Newcastle Crown Court has heard the 44-year-old had a history of suffering from epileptic fits and had endured one moments before the attack on Mr Santos.

The court heard that Mr Peacock had been suffering from "postictal confusion and amnesia", as well as "postictal psychosis" at the time, so was unaware of what he was doing.

The same conclusion was drawn from four separate forensic psychiatrists who each examined Mr Peacock after his arrest.

The condition causes a temporary impairment of the conscience as a result of "paranoid delusions and either auditory hallucinations or misjudgement of sounds", prosecutors previously said.

Mr Peacock, of John Street, in Cullercoats, had previously pleaded not guilty to Mr Santos's murder by reason of insanity, which was accepted by both the prosecution and defence, but a jury had to legally decide if that is the case.

On Thursday 29 June, they took minutes to return the verdict.

Before the jury retired, Judge Penny Moreland told them: "This is a very rare case.

"Mr Peacock is entitled to be found not guilty by reason of insanity if, at the time of the killing of Mr Santos, he was suffering from a disease of the mind, which gives rise to defect of reason so as he didn't know the nature or quality of his act or that it was legally wrong."

The judge added: "It's agreed that, in a postictal state, he suffers from confusion and amnesia and temporary paranoid psychosis. It is agreed that these defects of reason are caused by his epilepsy. Andrew Peacock did not know the nature or quality of his act and did not know that what he was doing was wrong."

After the jury had returned their verdict, Judge Moreland told them: "It has been an extremely unusual case. This is a rare diagnosis. It maybe many years before another jury is called upon again to make a determination that you have been called upon to make in respect of this matter."

Toby Hedworth KC, prosecuting, previously told the court that Mr Peacock had been suffering from frequent epileptic seizures in the weeks prior to December last year.

He attacked Mr Santos, 45, from Wallsend, in the lobby of a block of flats in Cullercoats.

Mr Santos had been visiting his brother, who lived in the same block as Mr Peacock when he was attacked as they went to get some food. He suffered 32 stab wounds to his torso and 18 to his head and neck.

Mr Peacock was given a hospital order under section 37 of the Mental Health Act with a restriction order under section 41.

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