Jko v Queensland Police Service

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

JKO v Queensland Police Service [2018] QMC 4

PARTIES:

JKO

(Defendant/Applicant)

v

Queensland Police Service

(Respondent)

FILE NO/S:

ROCK 6388/17 and 6410/17

DIVISION:

Magistrates Courts

PROCEEDING:

Application for dismissal of complaints – Mental Health Act 2016 (Qld)

ORIGINATING COURT:

Rockhampton

DELIVERED ON:

16 March 2018

DELIVERED AT:

Rockhampton

HEARING DATE:

23 February 2018

MAGISTRATE:

J R Clarke

ORDER:

Complaints dismissed

CATCHWORDS:

Application for dismissal of charges pursuant to s 172 Mental Health Act 2016 (Qld) opposed.  Impact of intoxication on mental health state.

SOLICITORS:

Mr D. Winning for the Defendant

Ms J. King for Police Prosecutions Corps

1. JKO is currently 33 years old.  She has endured a long history of mental illness, and has an established diagnosis of Bipolar Affective Disorder, with a differential diagnosis of Schizoaffective Disorder.  She has been receiving treatment from a Psychiatrist in private practice for the last 13 years, following seven admissions to the Rockhampton Mental Health Inpatient Unit between 2003 and 2005, when she underwent Electroconvulsive Therapy.

1. JKO attempted suicide in 2005 following the birth of her child (whom her parents care for); she has had sporadic contact with the Mental Health Unit Acute Care Team since that incident.

1. Immediately following the alleged commission of the offences the subject of this application, JKO was again hospitalized as an inpatient for a period of about three weeks at the Rockhampton Mental Health Inpatient Unit.

1. JKO has a history of illicit drug use of cannabis, MDMA (ecstacy) and amphetamines since the age of 16.  At the time of mental health assessments on 15 November and 18 December 2017 she disclosed having smoked “one point of ice” (0.1 gram of amphetamine) at lunchtime on the day before the alleged offending.

1. It is common ground between the defence and the prosecution JKO “was, or appears to have been, of unsound mind when the offence(s) were allegedly committed”, in accordance with s 172 Mental Health Act 2016(Qld) (the Act); the issue is whether her voluntary ingestion of drugs, and possible intoxication contributed to any extent to her capacity. If it did, the defendant is not able to rely on s 172 of the Act for an order dismissing the charge.

1. The mental health assessment reports [1] were completed by a Clinical Nurse Consultant and a Senior Mental Health Clinician, and reviewed by a Consultant Psychiatrist, as contemplated by the Act and Practice Direction.[2]

   [1]Exhibits 1, 2 and 3 (as amended).

   [2]Magistrates Court Practice Direction 1 of 2017.

1. In those assessments, JKO accepted the basic allegations grounding the six alleged offences.  The offences on 12 October 2017 involved taking drinks out of a fridge at a Rockhampton service station, which she started to drink, saying someone would come and pay for them, sitting to wait for that person (she thought perhaps a family member), before walking out saying she didn't have any money.  She left the store and pushed over some bins, re-entered and immediately again left the store, pushing more bins…