R v DFB - [2005] QMHC 28

MENTAL HEALTH COURT

CITATION:

Re Hansen [2005] MHC 028

PARTIES:

REFERENCE BY THE DIRECTOR OF PUBLIC PROSECUTIONS IN RESPECT OF SHANNON ANDREW MATTHEW ARTHUR HANSEN

PROCEEDING NO:

0216 of 2004

DELIVERED ON:

16 December 2005

DELIVERED AT:

Brisbane

HEARING DATE:

25 November 2005

JUDGE:
ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr J M Lawrence

FINDINGS AND ORDER:

1.   There is reasonable doubt that the defendant committed the offence.

2.   The defendant is fit for trial.

3.   The proceedings for the alleged offence are to be continued according to law.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant killed his father – where psychiatric opinion was that the defendant was suffering from an abnormality of the mind consistent with a defence of diminished responsibility – where self-defence and provocation were raised on the evidence – whether a reasonable doubt as to the charge of murder arose, owing to the reasonably open defences, such that s 268 of the Mental Health Act 2000 (Qld) precluded a finding of diminished responsibility by the Court – further, pursuant to s 269 of the Mental Health Act 2000 (Qld), whether certain facts substantially material to the opinion of expert witnesses were so in dispute as to preclude a finding by the Court

Mental Health Act 2000 (Qld), s 268, s 269
Mental Health Act 1974 (Qld), s 33(2)

Criminal Code 1899 (Qld), s 302, s 304, s 304A

Re Beasley, Dowsett J, Mental Health Tribunal (19 March 1997)
Re Lloyd, Chesterman J, Mental Health Tribunal (23 February 2001)
Re RWC [2002] QMHC 013
Ugle v The Queen (2002) 211 CLR 171

COUNSEL:

C Morgan for the defendant
J Tate for the Director of Mental Health

D Mackenzie for the Director of Public Prosecutions

SOLICITORS:

Legal Aid Queensland for the defendant
The Crown Solicitor for the Director of Mental Health

The Director of Public Prosecutions

* Appeal to Court of Appeal dismissed (Hansen v Director of Public Prosecutions (Qld) [2006] QCA 396)

The issues

Mr Hansen is charged with the murder by stabbing of his stepfather, Trevor Kupsch, on the night of 19 June 2004. His counsel, Ms Morgan, contended for a finding of diminished responsibility, which was supported by the evidence of three experienced psychiatrists, Drs Reddan, Kingswell and Sundin. Mr Mackenzie, for the Director of Public Prosecutions, submitted that any decision as to unsoundness or diminished responsibility was precluded by ss 268 and 269 of the Mental Health Act 2000; by the first provision because the court would be satisfied there was a reasonable doubt as to Mr Hansen’s commission of the offence; and by the second because there were facts substantially material to the expert opinions so in dispute that it was unsafe to make those decisions.

Mr Hansen’s accounts of the events of 19 June

Mr Hansen was seventeen years old when his stepfather was killed. The evidence as to what happened that night comes largely from his…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v DFB

Details

AGLC: R v DFB [2005] QMHC 028
Case: [2005] QMHC 28
Decision Date: 16 December 2005

CaseChat Overview and Summary

The defendant, DFB, was charged with the murder of his father. The case came before the court to determine his fitness to stand trial and to consider whether there was a reasonable doubt that he committed the offence. The central issue was whether the defendant was suffering from a mental illness or incapacity that would preclude a finding of diminished responsibility in the context of the murder charge. Psychiatric opinions suggested the defendant was suffering from an abnormality of the mind, consistent with diminished responsibility, but the court had to consider if this was sufficiently substantiated given the evidence of self-defence and provocation.

The court examined whether the psychiatric evidence was reliable enough to conclude the defendant had diminished responsibility. It considered whether a reasonable doubt existed regarding the murder charge, which would affect the application of sections 268 and 269 of the Mental Health Act 2000 (Qld). Section 268 precludes a finding of diminished responsibility if there is reasonable doubt about the charge, while section 269 requires the court to consider if the facts in dispute were material to the experts' opinions. The court assessed whether these sections applied, given the psychiatric evidence and the other defences raised.

Ultimately, the court found that there was reasonable doubt regarding whether the defendant committed the offence, primarily due to the evidence of self-defence and provocation. Consequently, the court determined that section 268 of the Mental Health Act applied, precluding a finding of diminished responsibility. However, the court also concluded that the defendant was fit to stand trial, and the proceedings would continue according to law. The court ordered that there was reasonable doubt as to the defendant's guilt and that he was fit for trial, with the proceedings to continue as per legal requirements.

Orders

Orders of the court

1. There is reasonable doubt that the defendant committed the offence.

2. The defendant is fit for trial.

3. The proceedings for the alleged offence are to be continued according to law.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Re Hansen [2005] MHC 028
PARTIES:	REFERENCE BY THE DIRECTOR OF PUBLIC PROSECUTIONS IN RESPECT OF SHANNON ANDREW MATTHEW ARTHUR HANSEN
PROCEEDING NO:	0216 of 2004
DELIVERED ON:	16 December 2005
DELIVERED AT:	Brisbane
HEARING DATE:	25 November 2005
JUDGE: ASSISTING PSYCHIATRISTS:	Holmes J Dr J F Wood Dr J M Lawrence
FINDINGS AND ORDER:	1. There is reasonable doubt that the defendant committed the offence. 2. The defendant is fit for trial. 3. The proceedings for the alleged offence are to be continued according to law.
CATCHWORDS:	MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant killed his father – where psychiatric opinion was that the defendant was suffering from an abnormality of the mind consistent with a defence of diminished responsibility – where self-defence and provocation were raised on the evidence – whether a reasonable doubt as to the charge of murder arose, owing to the reasonably open defences, such that s 268 of the Mental Health Act 2000 (Qld) precluded a finding of diminished responsibility by the Court – further, pursuant to s 269 of the Mental Health Act 2000 (Qld), whether certain facts substantially material to the opinion of expert witnesses were so in dispute as to preclude a finding by the Court Mental Health Act 2000 (Qld), s 268, s 269 Mental Health Act 1974 (Qld), s 33(2) Criminal Code 1899 (Qld), s 302, s 304, s 304A Re Beasley, Dowsett J, Mental Health Tribunal (19 March 1997) Re Lloyd, Chesterman J, Mental Health Tribunal (23 February 2001) Re RWC [2002] QMHC 013 Ugle v The Queen (2002) 211 CLR 171
COUNSEL:	C Morgan for the defendant J Tate for the Director of Mental Health D Mackenzie for the Director of Public Prosecutions
SOLICITORS:	Legal Aid Queensland for the defendant The Crown Solicitor for the Director of Mental Health The Director of Public Prosecutions