Re Darkan

[2008] QMHC 2

MENTAL HEALTH COURT

CITATION:

Re Darkan [2008] QMHC 002

PARTIES:

REFERENCE BY DEFENDANT'S LEGAL REPRESENTATIVE IN RESPECT OF ANTHONY JOHN DARKAN

PROCEEDING:

No 0087 of 2007

DELIVERED ON:

18 February 2008

DELIVERED AT:

Brisbane (Delivered Ex Tempore)

HEARING DATE:

18 February 2008

JUDGE:

Dutney J

ASSISTING
 PSYCHIATRISTS:

Dr J M Lawrence
Dr E N McVie

FINDINGS AND ORDER:

1.   That the defendant will be permanently unfit for trial

2.   The defendant be detained to The Park high security program authorised mental health service

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with attempted murder or alternatively, assault occasioning bodily harm – where both psychiatrists are of the opinion that defendant presently unfit for trial – whether a forensic order should be made

COUNSEL:

Mr J Briggs for the defendant
Mr W Isdale for the Director of Mental Health
Mr S Vasta for the Director of Public Prosecutions (Qld)

SOLICITORS:

Legal Aid (Qld) for the defendant
Crown Law for the Director of Mental Health
The Director of Public Prosecutions (Qld)

1. JDUTNEY:  The applicant in this case is charged with an offence of attempted murder or, alternatively, assault occasioning bodily harm allegedly committed on the 3rd of February 2004. 

1. Having regard to the evidence of Dr Fama and Dr Aboud it seems to be established that he is presently unfit for trial and I am satisfied on the basis of that material that he will be permanently unfit for trial. 

1. The issue of unsoundness of mind has been disposed of previously.  On the material, a forensic order ought to be made and there has been no objection raised to the proposed order of the Director of Mental Health.

1. Accordingly, I make an order under chapter 7 part 7 Division 1 of the Mental Health Act recommending that Mr Darkan be detained to The Park high security program authorised mental health service.