A physically ill man died trying to stop his mentally unwell and drug-addicted son from taking his ute and driving away from their northern Sydney home, causing what a judge described as immeasurable and ongoing grief for their family.
Jaiken Richard Fitzpatrick, 41, was jailed in the NSW District Court on Thursday after pleading guilty to the manslaughter of his 69-year-old father Kenneth Fitzpatrick at his Berowra Heights home on September 7, 2023. Due to time already served, he will be immediately released on parole.
On the day of Kenneth Fitzpatrick’s death, according to the prosecution’s earlier submissions to court, he called police for help because of his son’s drug-induced mental health issues.
“He’s been on drugs. I can’t have him here… I’ve got cancer,” the court heard he told police.
“I don’t think he would be dangerous”.
Shortly after, neighbours witnessed a struggle between the father and son outside the house involving keys and a ute.
During Thursday’s sentencing, Judge Christopher O’Brien said that, “sadly, it was the deceased’s exertion which caused his death, rather than any physical injury affected during the altercation with the offender”.
“Mr Fitzpatrick’s death did not result from the course of conduct engaged by the offender, which always had a violent motive,” O’Brien said.
“Rather, the episode commenced when the offender engaged in an unsophisticated and ineffective attempt to take his father’s car and leave his premises in circumstances where his own mental health was compromised.”
At the time, Kenneth Fitzpatrick was suffering serious health issues, including prostate cancer and the impact of heart surgery.
Despite these circumstances, O’Brien said he “must not and will not lose sight” that Jaiken Fitzpatrick’s “unlawful and dangerous acts” led to his father’s domestic violence death.
The judge noted a moving victim impact statement written by Kenneth Fitzpatrick’s partner, in which she “powerfully expressed the profound grief and loss she had experienced since the tragic death of her partner”.
“The sudden and unexpected loss of a loved one in circumstances such as here is a devastating experience. The pain she and her family have suffered is both immeasurable and ongoing,” O’Brien said.
Jaiken Fitzpatrick grew up in the northern Sydney suburb of Berowra, leaving school at 14 to become a cabinet maker, a job he has held since.
To psychologists, he described an unstable childhood, which caused panic attacks from as young as nine years old.
He struggled to cope with his parents’ separation and had repeated hospitalisations for mental health. After experiencing his own separation from his wife, he continued a good relationship with his children, the court heard.
Years ago, he spiralled into alcohol and drug addiction, involving cannabis, cocaine, methylamphetamine and benzodiazepines.
He has been diagnosed with post-traumatic stress disorder, panic disorder, borderline personality traits, ADHD, alcohol and substance use disorder, and a substance-induced mental disorder.
“[A treating psychiatrist] is of the view that the offender was mentally unstable within the weeks leading up to his offending, including exhibiting disorganised behaviour and paranoid conduct, leading to him presenting at Gosford Hospital in September 2023,” O’Brien said.
“I am satisfied… that the offender was suffering from several mental health conditions which contributed in some way to his impulsive and unplanned offending.”
The judge noted Fitzpatrick’s recent efforts at rehabilitation (including abstinence from alcohol and drugs), expression of remorse and lack of prior criminal history, as well as his strong community support and involvement in his local church.
“[He has] managed, with the support of others, to turn his life around,” he said.
Fitzpatrick was sentenced to two years and three months’ jail with a non-parole period of 11 months and 22 days.
Due to time already spent in custody on remand, Fitzpatrick will be immediately released on parole, having been eligible for it on Wednesday.
His sentence will expire in May 2027.
Fitzpatrick’s charge was previously downgraded from murder.
Anyone needing support can contact 1800 RESPECT (1800 737 732), National Sexual Abuse and Redress Support Service 1800 211 028, Lifeline 13 11 14, and Kids Helpline 1800 55 1800.
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