Hansen v DPP

[2006] QCA 396

SUPREME COURT OF QUEENSLAND

CITATION:

Hansen v DPP & Anor [2006] QCA 396

PARTIES:

SHANNON ANDREW MATTHEW ARTHUR HANSEN
(appellant)
v
DIRECTOR OF PUBLIC PROSECUTIONS
(first respondent)
DIRECTOR OF MENTAL HEALTH
(second respondent)

FILE NO/S:

Appeal No 10951 of 2005
MHC No 216 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Appeal from the Mental Health Court

ORIGINATING COURT:

Mental Health Court at Brisbane

DELIVERED ON:

13 October 2006

DELIVERED AT:

Brisbane

HEARING DATE:

22 September 2006

JUDGES:

Keane JA and Jones and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed

CATCHWORDS:

APPEAL AND NEW TRIAL - APPEAL - APPEAL FROM MENTAL HEALTH COURT  - appellant charged with murder of his stepfather - appellant committed for trial to the Supreme Court following preliminary hearing - Director of Public Prosecutions referred matter of appellant's mental condition relating to offence of murder to Mental Health Court - Mental Health Court concluded there was reasonable doubt as to whether appellant had committed murder - provocation - appellant challenges Mental Health Court's conclusion that the Mental Health Act 2000 (Qld) precluded the Mental Health Court from deciding that the appellant was either of unsound mind or of diminished responsibility when the deceased was killed - whether decision of Mental Health Court was correct

Mental Health Act 2000 (Qld), s 267, s 268
Criminal Code 1899 (Qld), s 304

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118, cited
Hoyts Pty Ltd v Burns [2003] HCA 61; (2003) 77 ALJR 1934, cited
Johnson v The Queen (1976) 136 CLR 619, considered
Masciantonio v The Queen (1995) 183 CLR 58, cited
R v Rae [2006] QCA 207; CA No 330 of 2005, 9 June 2006 cited
Re RWC [2002] QMHC 015; No 0001 of 2002, 23 December 2002, applied

COUNSEL:

B G Devereaux SC, with C L Morgan, for the appellant
M J Copley for the respondents

SOLICITORS:

Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondents

1. KEANE JA:  The appellant was charged with the murder of his stepfather, Trevor Kupsch ("the deceased"), at Hervey Bay on 19 June 2004.  The deceased suffered multiple stab wounds, and died as a result of wounds which penetrated the left lung and heart.  It is common ground that the wounds were inflicted by the appellant.  The appellant was committed for trial to the Supreme Court following a preliminary hearing. 

1. Pursuant to s 256(1)(b) and s 257(1)(c) of the Mental Health Act 2000 (Qld) ("the Act"), the Director of Public Prosecutions ("the DPP") referred the matter of the appellant's mental condition relating to the offence of murder to the Mental Health Court ("the MHC").

The decision of the Mental Health Court

1. On the referral, the MHC accepted evidence that, at the time the appellant killed the deceased, the appellant was suffering from an abnormality of mind which substantially impaired his capacities.  The MHC…