SUPREME COURT OF QUEENSLAND
CITATION:
R v Finn [2023] QSC 10
PARTIES:
R
(Crown)
v
CHRISTOPHER JAMES FINN(Defendant)
FILE NO/S:
Indictment No 1263 of 2022, ex officio indictment presented 2 February 2023, Bench Charge Sheet No 46 of 2023
DIVISION:
Trial Division
PROCEEDING:
Criminal
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
10 February 2023 (orders and directions made on 2 February 2023)
DELIVERED AT:
Brisbane
HEARING DATE:
2 February 2023
JUDGE:
Applegarth J
ORDER:
1. Copies of all exhibits are to be provided to Queensland Corrective Services. Particular attention to be urgently given by Queensland Corrective Services to the psychologist report of Louise Smith dated 1 February 2023 as to the Defendant’s mental condition, his current circumstances and difficulties encountered with him receiving essential psychological treatment from his psychologist whilst in custody at Woodford Correctional Centre.
2. Queensland Corrective Services are to advise ODPP and the Defendant’s solicitors as to the anticipated security classification, transition from Woodford Correctional Centre and proposed course of mental health and other treatment that the Defendant is expected to receive in the 12 months following sentencing.
3. Pursuant to s 344 Corrective Services Act 2006, Queensland Corrective Services are to prepare a pre-sentence report which should include the matters outlined above. The report is to be provided to the ODPP, the Defendant’s solicitors and the Supreme Court Criminal List Manager, within the soonest reasonable time.
4. Sentence is adjourned to a date to be fixed.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – HARDSHIP – where a distinguished war veteran developed PTSD and other mental illnesses after three tours of duty in Afghanistan – where those conditions and inadequate treatment of them resulted in sleep deprivation and had other serious consequences – where the veteran resorted to illicit drugs as a form of self-medication – where he currently is in a maximum security prison with inadequate access to the specialised PTSD treatment that he needs – where his current inability to access specialised treatment will exacerbate his war-caused mental health conditions, jeopardise his rehabilitation, and elevate his risk of suicide, either in custody or upon his release – where his treating psychologist and the Court are concerned about his safety, welfare and his prospects of rehabilitation if the status quo continues for the lengthy period in custody that lies ahead of him – the relevance of the defendant’s mental illness to the harshness of his current and future time in custody – where the Court needs more information about how harsh the anticipated circumstances of his future custody will be in order to arrive at a sentence that is a just punishment for the defendant’s crimes, given his personal circumstances
Corrective Services Act 2006 (Qld), s 209, s 211
Human Rights Act 2019 (Qld), s 30, s 37Attorney General v Tichy (1982) 30 SASR 84, cited
R v Bowley[2016] QCA 254; (2016) A Crim R 93, cited
R v Braeckmans [2022] QCA 25, cited
R v Hartas[2021] QCA 178
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- AGLC
- R v Finn [2023] QSC 10
- Case
- [2023] QSC 10
- Decision Date
CaseChat Overview and Summary
The court had to consider the relevance of Mr Finn's mental illness to the harshness of his current and future time in custody. The central legal issues were whether the anticipated circumstances of his future custody, without access to necessary mental health treatment, would constitute a breach of his human rights and whether these circumstances should be factored into the sentencing process. The court needed more information about the harshness of his future custody to arrive at a sentence that would be a just punishment for his crimes, considering his personal circumstances and mental health conditions.
The court recognised the importance of treating Mr Finn with humanity and ensuring he has access to health services without discrimination. It acknowledged the obligations under the Human Rights Act 2019 (Qld) and the moral or social duty owed to a veteran whose imprisonment resulted directly from his distinguished war service. The court ordered that Queensland Corrective Services provide relevant information about Mr Finn's mental condition and treatment needs, including a pre-sentence report. It also ordered that copies of all exhibits be provided to Queensland Corrective Services, with particular attention to the psychologist's report. Sentence was adjourned to a later date to allow for further information gathering and consideration of Mr Finn's circumstances.
Orders
Orders of the court
1. Copies of all exhibits are to be provided to Queensland Corrective Services. Particular attention to be urgently given by Queensland Corrective Services to the psychologist report of Louise Smith dated 1 February 2023 as to the Defendant’s mental condition, his current circumstances and difficulties encountered with him receiving essential psychological treatment from his psychologist whilst in custody at Woodford Correctional Centre.
2. Queensland Corrective Services are to advise ODPP and the Defendant’s solicitors as to the anticipated security classification, transition from Woodford Correctional Centre and proposed course of mental health and other treatment that the Defendant is expected to receive in the 12 months following sentencing.
3. Pursuant to s 344 Corrective Services Act 2006, Queensland Corrective Services are to prepare a pre-sentence report which should include the matters outlined above. The report is to be provided to the ODPP, the Defendant’s solicitors and the Supreme Court Criminal List Manager, within the soonest reasonable time.
4. Sentence is adjourned to a date to be fixed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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