Convicted triple murderer Benjamin Hoffmann is set to be sentenced despite his legal team saying it has concerns about his mental ability to instruct them.

April 1, 2022

A gunman convicted of murdering three people in Darwin and killing another during a drug-fuelled rampage will be sentenced despite his legal team’s concerns about his mental ability to comprehend what is happening.

Benjamin Glenn Hoffmann pleaded guilty mid-trial in November to murdering Hassan Baydoun, 33, Michael Sisois, 57, and Rob Courtney, 52 and the manslaughter of 75-year-old Nigel Hellings on June 4, 2019.

The 47-year-old then sacked his lawyers before he was sentenced, saying they had been arguing and he’d lost faith in their ability to represent him, and he was in need of expert advice.

Hoffmann has since found a new legal team, Bruce Levet and Patricia Petersen, who last month raised concerns about his mental capability to understand his situation and properly instruct them ahead of his sentencing.

Justice John Burns adjourned the case to explore whether he could order an investigation into Hoffmann’s mental fitness, Dr Petersen told reporters outside the Northern Territory Supreme Court on Friday.

But he discovered he had no jurisdiction and the matter would have to proceed to sentencing.

Dr Petersen also said Hoffmann had flagged that he was considering appealing Justice Burns’ decision to proceed to sentencing but she would need to take further instructions from him.

She said he could appeal before or after being sentenced.

Hoffmann’s brief appearance in court on Friday started with confusion when some members of his new legal team, Mr Levet and Alex Tees, said they were appearing as friends of the court and not on behalf of him.

Dr Petersen said there had been an issue with Hoffmann wanting to sack Mr Levet but it had since been resolved.

Mr Levet told the court he remained unconvinced Hoffmann could give him instructions and was uncomfortable representing him at this stage given the situation.

“When I first came into the matter it was for the purpose of potentially representing Mr Hoffmann in relation to his then application to withdraw his plea,” he said.

“I am still not in a position to take instructions in relations to that. I am not sure Hoffmann has the capacity, one way or the other.”

Despite this, the parties agreed to set a sentencing date.

Hoffmann briefly interrupted proceedings to ask if his case was scheduled for appeal at a special hearing over his medical condition, to which Justice Burns said: “Ahh, no.”

Dr Petersen then told the court she had advised Hoffman about the pros and cons of the move, to which Justice Burns said: “If that happens, it happens. In the meantime I’m going to set a date.”

He scheduled the hearing for May 27. Further evidence about Hoffmann’s mental state when he shot and stabbed his victims is set to be heard, along with submissions on his prison sentence.