A man suffering from mental illness stabbed his mother in the neck before stamping on her, a court has heard.

Jamie Burnett is charged with murdering 55-year-old Lesley Spearing at her home in Oast View Terrace, Rainham , on October 10 last year.

His trial began yesterday at Maidstone Crown Court where Judge Charles Gratwicke ruled the defendant was unable to plead, and explained to a jury he was "not fit to stand trial in the normal way".

"You don't have to decide whether the defendant is guilty or not," he explained. "What you have to decide is whether or not he did the act charged.

"In that respect the act is: did he kill Lesley Spearing? If you are sure whether he did this, your verdict will be he did the act charged. If you're not sure, your verdict will be not guilty."

The 28-year-old, of Old Road, Chatham , initially appeared via video link from prison to observe proceedings, before saying he didn't wish to follow the hearing due to technical difficulties in establishing a connection to the court.

Prosecutor Simon Taylor laid out the case, stating: "The manner in which he killed her was stabbing her to the neck, during an attack that also involved him stamping on her head whilst she was on the ground.

"Whilst the defendant was attacking Lesley Spearing, her other son and the defendant's brother came down the stairs.
"Stephen Burnett saw the defendant attacking their mother and saw the defendant had a knife in his hands."

He described how the defendant's brother intervened and a struggle ensued before the defendant left the property and made his way up the A2 towards Rainham High Street.

"During the course of that journey, the defendant stopped and daubed his name in blood on the road," he added.

"He also wrote something about his mother on the windows of a Citroen car showroom.

"The defendant himself telephoned police and during the course of that call told police he had assaulted his mother. He said he was afraid for his life."

When officers attended, he was referred into the care of ambulance crews, and he told an ambulance worker he had cut his finger on a kitchen knife.

Mr Taylor added: "He then said 'I used it to cut my mum's throat, to kill her.'"

"She asked if that was his intention and he replied 'yeah'.

Mr Taylor said the defendant suffered from schizoaffective disorder, and at the time he stabbed his mother he suffered from "delusional beliefs".

A statement from the Stephen Burnett was read out to the court

He recalled how he had been playing Fifa and Jamie came up to his room to ask where their cousin had gone. Stephen had told Jamie to go back downstairs.

"When the game had finished I was trying to get my mobile phone to charge," he said. "As I was doing this I heard my mum let out a scream. It wasn't a normal scream."

He said he sprinted downstairs and found Jamie next to his mum, with his left arm behind her.

He added: "I just remember my mum was still screaming and may have been shouting 'get off'."

"I ran into the kitchen and grabbed Jamie by the front of his throat. I was concerned because I didn't know why my mum was screaming."

Having punched Jamie to the right side of the head, he then managed to wrestle him to the ground, after which he noticed Jamie was holding a bread knife.

Stephen managed to get the knife and put it on the worktop, and recalled his mother was lying on the floor, not making any noise.

Stephen then managed to open the door after punching Jamie in the face, and the defendant ran outside.

His cousin had phoned the emergency services and attempted CPR on Mrs Spearing before ambulance crews arrived and took over, but they were unable to save her.

Defence barrister Oliver Saxby QC said he did not dispute the prosecution facts.

The hearing continues.

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