A COURT has accepted that a man who killed a cyclist by deliberately running him over in northern NSW was mentally ill.In the Supreme Court today, James Andrew Mitchell, 54, pleaded not guilty to murdering John Foss, who was hit by a van while he was riding his motorised bicycle near Mullumbimby in northern NSW on January 3 this year.
"The defence is one of mental illness," Christopher Bruce, SC, representing Mitchell, told Justice Elizabeth Fullerton.
The court heard Mitchell had admitted to causing the death of Mr Foss and that he intended to cause him grievous bodily harm at the time.
The Crown has accepted he was suffering from a mental illness at the time, the special hearing was told.
Justice Fullerton will hand down her judgment on Wednesday.