Re: BZY

[2024] QMHC 1

MENTAL HEALTH COURT OF QUEENSLAND

CITATION:

Re: BZY [2024] QMHC 1

PROCEEDING:

Application

DELIVERED ON:

15 July 2024 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

15 July 2024

JUDGE:

Wilson J

ORDER:

Application allowed.

COUNSEL:

The applicant appeared on his own behalf
G Morgan for the Chief Psychiatrist

J Aylward for the Director of Public Prosecutions (Qld)

SOLICITORS:

Office of the Chief Psychiatrist

Office of the Director of Public Prosecutions (Qld)

NOTE: This judgment is published pursuant to s 790 of the Mental Health Act 2016 (Qld). It has been anonymised and redacted to preserve anonymity.

HER HONOUR:   By notice of reference filed the 16^th of August 2013, Legal Aid Queensland referred to this Court the mental condition of BZY at the time of the alleged offence of possessing child exploitation material on the 25th of July 2011.  There was no dispute that he was not suffering unsoundness of mind at the time of the alleged offence.  An issue that needed to be determined was whether the defendant was fit for trial.  On the 12th of September 2014, the Court ultimately found that BZY was fit for trial and consequently, the matter was returned back to the criminal justice system for it to be determined.  

A judgment was published in this matter in the Mental Health Court with the citation being [redacted].  That is referred to in my submissions as [redacted], and this judgment set out the Court’s reasons.  I note that the applicant’s reference at that point in time was made under the now-repealed Mental Health Act 2000 (Qld) where relevantly, section 413 of that Act provides that the hearings of references are open to public. A similar provision subsists within the Mental Health Act 2016 (Qld) (the Act) where both Acts refer to hearings of references in relation to minors as an exception to the general position that hearings of references are open to the public.  Neither Act contains provisions regarding the publication of written decisions or how they might be made available, and equally, the practice directions of the Mental Health Court do not address this issue.

BZY has made an application to this Court for the [redacted], the judgment, to be removed from publication as it does not have any current or ongoing precedent or record value, and in the alternative, should this Court find that there is precedent or record value, then [redacted] should be anonymised.  BZY pleaded guilty to these offences and was sentenced to probation with no conviction being recorded.  I note that in the sentencing remarks by the sentencing Judge, his Honour Judge Koppenol, he stated:

“In the exercise of my discretion, no conviction is recorded.  I am giving you a chance today, [BZY].  You don’t get many chances in life, but this is yours, so you have to do the right thing now for the period of probation and put this behind you and get on with your life.”

BZY wrote to the Court a letter…