A Wollongong man who fired a gun into the air and took two men hostage during a severe psychological episode is expected to learn his fate when he fronts court next month.
Mr Fleming stood trial earlier this year where he was acquitted of one count of committing a terrorist act after the court heard he was impaired by mental illness at the time and that affected his understanding of events.
The Crown prosecution had alleged during the trial that Mr Fleming was motivated by right-wing ideology.
Police discovered a manifesto on a USB when he was arrested following an armed stand-off with police in the Main Street of Windang in November 2021, the court heard during his trial.
But after a key piece of psychological evidence was ruled inadmissable, the jury was directed to deliver an acquittal on the terrorism charge.
The court heard that Mr Fleming had been diagnosed with schizophrenia.
As well, his mother gave evidence to the court that on the day of the event he was in a distressed state and going through prescription medication withdrawals.
Mr Fleming’s remaining charges - including possessing an unauthorised prohibited firearm and take/detain a person to gain advantage - are being dealt with on mental health grounds.
Mr Fleming’s barrister Leah Rowan and solicitor Aaron Kernaghan on Monday appeared before the NSW Supreme Court.
He was due to face a hearing however it was vacated.
He will now face a hearing on October 13, with the court hearing he would be dealt with on mental health grounds and orders will be made for his care and supervision.
The court has heard that on the morning of November 28, 2021, Mr Fleming left his home at Windang, just south of Wollongong, on foot dressed in black, carrying two guns - a rifle and a gel blaster - as well as a fake bomb.
The court heard that on the main street of Windang, he fired several bullets into the air - one which pierced a colourbond roof 2.8km away - as well as one into a passing vehicle.
He also took two people hostage in a dive shop before letting both men go and surrendering to police following an hour-long stand-off.
No one was harmed in the incident.
The court heard that Mr Fleming had previously been referred to a psychiatrist and prescribed antipsychotic medication.
In a police interview following his arrest, Mr Fleming told two officers that his medication no longer had an effect on him and he often took several days’ worth at once, which he did on the Friday - two days before the incident.
By Sunday, he was going through opioid withdrawal, the court heard.
He told officers he could only remember “flashes” between leaving home at 9am and his arrest about 90 minutes later.
When asked by police about the manifesto, he described it as a “f***ing stupid rant”
He said he had planned the event for several years and had planned to lay a sign saying “Australia for a Republic” on the road to next to the fake bomb
However when he walked out his door he forgot the sign, he told police.
He denied wanting to hurt anyone or that he told his two hostages “I’m a terrorist”.
Mr Fleming will next appear before the court next month.
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