Director of Public Prosecutions v Frost

[2016] VCC 1025

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01720

DIRECTOR OF PUBLIC PROSECUTIONS

v

CODY FROST

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	23 May 2016
DATE OF SENTENCE:	19 July 2016
CASE MAY BE CITED AS:	DPP v Frost
MEDIUM NEUTRAL CITATION:	[2016] VCC 1025

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Guesdon
For the Accused	Ms J. Swiney

Pages 1 - 5

 

 

HER HONOUR: 

1On 24 May 2016, you were found not guilty by reason of mental impairment of the following offences:  recklessly cause serious injury and recklessly cause injury. 

2Both the prosecution and defence agree the evidence before me established the defence of mental impairment was available to you. Given this agreement, I was empowered to enter into the record this verdict without a jury. See s.21(4A) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, (“the Act”).

3I heard a summary of the prosecution opening, Exhibit A.  I do not propose to repeat these details.  Briefly, in the early hours of the morning, at a taxi rank at Flinders Street Station, you approached two of the people waiting in the queue, Murray Shepherd and Denise Boyd, and without provocation assaulted both of them. 

4You had been mumbling or talking to yourself and behaving erratically when you struck both of them.  Police were soon contacted and you were arrested.  Your assault was captured on CCTV. 

5Mr Shepherd suffered two lacerations to the forehead and swelling.  Ms Boyd suffered two fractured bones in her left cheek and a laceration.  She was required to undergo surgery.  Her injury caused some deterioration in her vision and she was required to have ongoing check-ups.  I was informed this morning that neither of these have prepared victim statements. 

6The prosecution relied on a report from Dr Kirsten Clayer, Senior Registrar and Forensic Psychiatry with Forensicare. 

7The report sets out your background including your history of various admissions at mental health facilities.  The report also sets out relevant matters leading to your offending, including your use of illicit drugs, that you had been released from custody in February 2015 and began using drugs immediately, ceased taking prescription medication, and that you are living on the streets.

8The day prior to this offending, you realised that you needed help and approached various clinics and hospitals but were sent away.  Records from Royal Melbourne Hospital confirm that you self-presented on 27 April, experiencing auditory hallucinations, and also that a knife was removed from you.  You were provided with some medication and escorted out by security as you had threatened a medical officer.

9On the day of the offences, you reported hearing voices whilst on the train.  These voices ultimately told you to beat up the victims.  The voices were threatening you and your family if you did not do it.  The voices also told you not to speak to police who were part of the conspiracy. 

10In Dr Clayer's opinion, you have:  (1), diagnosis of psychotic illness with reported systems typical of schizophrenia; (2), partial insight into the impact of substance abuse on your mental state; and (3), that your use of illicit substances has a significant impact on your  mental state; (4), you have features of anti-social personality disorder – they are impulsivity, aggressive behaviour and repeated criminal offending from an early age. 

11She notes, "In my opinion, you suffer from an enduring mental impairment rather than a drug-induced psychosis.  It is likely the drugs have precipitated and exacerbated your symptoms whilst you have been non-compliant with prescribed anti-psychotics.  There was evidence to suggest that you were psychotic on the day before and at the time of the offending."

12Dr Clayer was of the opinion that you were mentally impaired as that term is defined in the Act at the time of the commission of these offences. Such opinion was supported by Dr Ruth Vine, psychiatrist, in her report dated 2 August 2015, which was obtained by the defence.

13On the basis of the depositional material relied on by the parties, the summary of prosecution opening, the psychiatric reports which were tendered and the oral evidence, I was satisfied that a verdict of not guilty by reason of mental impairment ought to be recorded in relation to both the charges on the indictment. 

14Having made that finding, I declared that you were liable for supervision and ordered that a s.41 report and a Certificate of Available Services pursuant to s.47 of the Act be provided.

15You were remanded in custody with your counsel conceding there was no practicable alternative in the circumstances. 

16I now have to hand a report provided by Jeremy Resnick, consultant forensic psychiatrist, Forensicare, dated 11 July 2016. 

17The report agrees with the opinions of both Dr Vine and Dr Clayer.  He is of the opinion your mental illness is currently in remission, given the protective prison environment, where your access to drugs is limited, and as you are supplied with and take your medication. 

18He is of the view that you will be able to maintain this state of well-being and low level of risk of relapse and violence when released, as long as you comply with your treatment and medication, as well as maintain your abstinence from illicit substances.

19You require ongoing specialist mental health service support and treatment for your schizophrenic illness and liability to drug misuse in the foreseeable future. 

20I propose to a make a non-custodial supervision order with the recommended six conditions that are set out in Resnick's report.  I therefore make the following formal order in respect of both charges: 

21(1), following a hearing whereby it was agreed by the parties that Cody Thomas Frost was not guilty of one charge of recklessly causing serious injury and one charge of recklessly cause injury by reason of mental impairment, I make the finding that such a defence was made out on the basis of the psychiatric material tendered, the depositions, oral evidence, summary of the prosecution opening and the position taken by the parties.  Accordingly, you were declared to be a person liable to supervision and were remanded in custody. 

22(b), the court has received a certificate of available services under s.47 of the Act.

23(c), the court has received a report dated 11 July 2016 pursuant to s.41 of the Act.

24I order as follows:  (1), I make a non-custodial supervision order in respect of you with the following conditions. 

25(1), you be supervised by the authorised psychiatrist of the Victorian Institute of Forensic Mental Health, VIFMH, or their delegate.

26(2), you reside at a location known and approved by the authorised psychiatrist of the VIFMH or their delegate or nominee.

27(3), you abide by the lawful directions of the authorised psychiatrist of the VIFMH or their delegate or their nominee.

28(4), you comply with treatment, testing and attend appointments as directed by the authorised psychiatrist of the VIFMH or their delegate or their nominee.

29(5), you abstain from the use of alcohol and from the use of illicit drugs.

30(6), you not leave the State of Victoria without the written permission of the authorised psychiatrist or their delegate of the VIFMH .

31(2), I declare you liable to supervision for an indefinite term and set the nominal term of the supervision order for seven and a half years. 

32Pursuant to s.28(4) of the Act and in accordance with s.28(5), the nominal term runs from 28 April 2015, the day you were first remanded.

33(3), I direct the Victorian Institute of Forensic Mental Health arrange for the preparation and filing with the court at intervals of not more than 12 months' duration of the order a report containing the matters required by s.41(3) of the Act.

34And (4), I direct a copy of this order, transcript of proceedings, depositions, any psychiatric reports and exhibits tendered be made available to the Victorian Institute of Forensic Mental Health. 

35Are there any other orders that are required?

36COUNSEL:  No, Your Honour.

37HER HONOUR:  All right.  Thank you.

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