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Chip argument killer is detained | Chip argument killer is detained |
(31 minutes later) | |
A man released from prison by mistake is to be detained indefinitely in the secure mental health unit at Broadmoor for stabbing a man to death on a bus. | A man released from prison by mistake is to be detained indefinitely in the secure mental health unit at Broadmoor for stabbing a man to death on a bus. |
Paranoid schizophrenic Anthony Joseph, 23, admitted the manslaughter of Richard Whelan, who was trying to stop him throwing chips at his girlfriend. | Paranoid schizophrenic Anthony Joseph, 23, admitted the manslaughter of Richard Whelan, who was trying to stop him throwing chips at his girlfriend. |
Mr Whelan, 28, was stabbed seven times in Holloway, north London, in 2005. | Mr Whelan, 28, was stabbed seven times in Holloway, north London, in 2005. |
The government has launched an inquiry after it emerged Joseph should have been in custody at the time. | The government has launched an inquiry after it emerged Joseph should have been in custody at the time. |
Sentencing him Mr Justice Gross said: "The circumstances of this case are tragic indeed. | Sentencing him Mr Justice Gross said: "The circumstances of this case are tragic indeed. |
"They form the nightmare of all those who use public transport." | "They form the nightmare of all those who use public transport." |
'Angry and vindictive' | |
Joseph, from Islington, had been released from prison in Manchester after a sex allegation was dropped but should have been detained to face charges relating to a burglary offence. | |
After a second jury failed to reach a verdict the prosecution accepted Joseph's manslaughter plea on the grounds of diminished responsibility. | After a second jury failed to reach a verdict the prosecution accepted Joseph's manslaughter plea on the grounds of diminished responsibility. |
The judge praised Mr Whelan for standing up to Joseph saying: "Mr Whelan was not content to stand for this behaviour. His reaction was entirely understandable and, for that matter, praiseworthy." | |
Speaking to Joseph, Mr Justice Gross said his behaviour was "angry and vindictive" and said he took his anger out on Mr Whelan. | |
Mr Whelan was stabbed to death on the top deck of the bus | |
Stressing that Joseph should be held under maximum security the judge said: "You should not have been released at all. | |
"You bear considerable responsibility for your actions which were fuelled by alcohol and crack cocaine," he said. | |
Prosecution said the re-trial in November centred on Joseph's mental health at the time of the attack. | |
The defence said their client was suffering from the onset of schizophrenia. | |
He was retried after a previous jury failed to reach a verdict in May. | |
Following the verdict last month Mr Whelan's family said they were "very disappointed" and would have liked to see Joseph convicted of murder. | Following the verdict last month Mr Whelan's family said they were "very disappointed" and would have liked to see Joseph convicted of murder. |
Mr Whelan was with his girlfriend, Kerry Barker, 38, on the top deck of the number 43 bus when the incident occurred in July 2005. | |
CCTV footage showed him struggling with Joseph shortly after he threw chips at Ms Barker and another woman. | CCTV footage showed him struggling with Joseph shortly after he threw chips at Ms Barker and another woman. |
Mr Whelan was stabbed through the heart and had six other stab wounds. |