A university student who took LSD and became psychotic before killing his girlfriend, fearing she was a demon, has been jailed for 20 years.
Newcastle Supreme Court Justice Richard Cavanagh said Jordan Brodie Miller, 22, had violently attacked his partner of two years, Emerald Wardle, when delusional and suffering a psychotic disorder caused by the temporary effects of his drug taking.
Justice Cavanagh said Miller believed he had been cursed and needed to kill either himself or Ms Wardle to lift the curse.
"This was his first episode of psychosis, although these effects were only temporary they were acting upon him at the time he killed Ms Wardle,'' the judge said on Thursday.
Miller, who was 20 at the time, admitted strangling Ms Wardle, 18, but pleaded not guilty to murdering her, claiming he had been in a psychotic state, did not intend to harm her and could not be held criminally responsible.
A jury deliberated for 12 hours in June after a two-week trial before finding Miller guilty of murder, rejecting his claims the killing had been caused by an underlying form of undiagnosed schizophrenia.
Crown prosecutor Lee Carr SC had argued Miller's use of drugs and the lack of any early signs of a psychotic illness pointed to the killing being drug-induced, meaning Miller was guilty of murder as it had been his choice to use drugs.
Justice Cavanagh said on Thursday Miller had a genuinely held psychotic belief Ms Wardle was some sort of demon who had to be killed.
"What this means is not capable of rational or logical explanation. This is because it was not a rational thought or belief.
"Having said that, the only finding available is the offender intended to kill Ms Wardle. The fact is that he strangled her. However, that does not mean the attack on Ms Wardle was some sort of planned event."
The judge said a letter written by Miller in August to the court and Ms Wardle's family showed he was remorseful.
"I want it to be known that in my sound mind I would never have done anything like this," Miller wrote.
"I loved Emerald so much."
Police had found Ms Wardle's body in the ensuite bathroom of the main bedroom at a house at Metford, near Maitland, on June 20, 2020.
Miller told police: "If you walk inside and go into the bathroom, it's in there, the demon. Help me, help me, the demon's got me, help me."
After his arrest, Miller, a regular cannabis smoker from the age of 14 with no history of mental illness or violence, admitted taking a half tablet of LSD 11 days earlier and claimed to have reached spiritual enlightenment but Emerald had been "trying to suck the life out of me".
When police arrived at the scene at 1.20am, Miller was standing outside near the gate wearing tracksuit pants and no shirt or shoes. He ran towards the officers pleading for help.
Ms Wardle's mother, Tania Simshauser, upset at the way her daughter was characterised during Miller's trial, told the judge in her emotional victim impact statement how Miller was the real monster, not her daughter.
"She was not a demon. She was an innocent young woman who was born my daughter but became my very best friend," Ms Simshauser said.
"I, however, will forever live with demons in my mind.
"As I approach sleep every night I am haunted with demons.
"As a mother, I know my baby girl died feeling terrified and alone and that is a demon that will stay with me forever.''
Miller will be eligible for parole after serving 13 years.
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