MAGISTRATES COURTS OF QUEENSLAND
CITATION: Dancey v QPS [2020] QMC 18
PARTIES:
Christopher Dancey
(Applicant/Defendant)
v
Constable P.R. Elford
(Complainant/Respondent)
FILE NO/S:
MAG-00005539/1(6)
DIVISION:
Magistrates Courts
PROCEEDING:
ORIGINATING
Criminal
COURT:
Maroochydore
DELIVERED ON:
15 May 2020
DELIVERED AT:
Maroochydore
HEARING DATE:
13/06/19 & 18/07/19
MAGISTRATE:
H Stjernqvist
ORDER:
Application dismissed
CATCHWORDS:
S 172 Mental Health Act 2016 – S 109 Mental Health Act Meaning of unsound mind – Unsoundness – Intermittent Explosive Disorder (IED) – S 27 Criminal Code Insanity – Impaired/deprived – Reasonably satisfied on the balance of probabilities – Medical Reports – Reliance on clear and convincing evidence.
COUNSEL:
SOLICITORS:
Sgt P Stephens for the Queensland Police Service
Mr C Lumme Solicitor AFT for the Defendant
Charge.
Christopher Dancey is charged;
That on 8 of December 2018 at Buderim in the State of Queensland one Christopher Dancey dangerously operated a vehicle namely a motor car in a place namely King Street Buderim.
Facts – Witness Dash-cam.
The witness was travelling along King Street and has pulled into a car park on the side of the road outside the newsagency. The witness has stayed for a moment, waited for traffic, indicated and proceeded to enter the marked lane in King Street.
At the same time the defendant who was on Short Street (T intersection with King Street) waiting for traffic. The defendant intended to turn right onto King Street. It is clear at this time, the defendant was looking for traffic approaching from his right and had not seen the witness (on his left) leave the parking space.
The defendant commenced his turn out of Short Street onto King Street before looking to see the witness approaching the intersection. The defendant has come to a sudden stop in the middle of the oncoming lane – at the same time the witness and slowed – and made some comment such as ‘oi’ then proceed past the front of the defendants’ vehicle along King Street without incident.
The defendant is then immediately behind the witness continually activating his horn to which the witness can be heard saying ‘righto’ ‘righto’ and then has come to a complete stop in front of the defendants vehicle. At this point the witness can be heard to say ‘go on’ ‘go on’ presumably to encourage the defendant to go around.
At this time the footage (dash-cam from witness’s vehicle) reveals the oncoming traffic to be slowing as the defendant had driven onto the incorrect side of the road to be abreast of the victims driver side door and angles into the front right of the witnesses vehicle which caused the witness to veer slightly to the left of the carriage way at the same time exclaiming “are you fucking retarded.” The defendant has again sped up and came alongside the witness vehicle and into oncoming traffic at one stage swerving towards the witness’s vehicle narrowly missing him.
The witness then proceeds along King Street and enters the right…
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- AGLC
- QPS v Dancey [2020] QMC 18
- Case
- [2020] QMC 18
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defendant was unsound of mind at the time of the offence, and if so, whether this was due to a mental disorder that met the criteria under section 172 of the Mental Health Act 2016. The court had to determine the appropriate standard of proof in this context and assess the evidence presented by the medical experts, Dr. Barnes and Dr. Ouzas, to determine whether the defendant's IED deprived him of the capacity to control his actions at the time of the offence. The court was also required to consider the relevant legal principles, particularly those pertaining to the definition of 'unsound mind' and the principles of Brigginshaw, to ensure that the defendant's rights were adequately protected.
The court found that the defendant was not unsound of mind at the time of the offence. The evidence provided by the medical experts was polarised, and neither party bore the onus of proof. The court applied the Brigginshaw approach, requiring a higher standard of evidence in view of the serious nature of the offence. Despite the defendant's diagnosis of IED, the court concluded that the evidence did not support the finding that the defendant was deprived of the relevant capacities at the time of the offence. Consequently, the application was dismissed, and the defendant was not excused from the charge under section 172 of the Mental Health Act 2016.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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