Re DG

[2008] QMHC 4

MENTAL HEALTH COURT

CITATION:

Re DG [2008] QMHC 004

PARTIES:

REFERENCE BY THE LEGAL REPRESENTATIVE IN RESPECT OF DG

PROCEEDING:

No 0043 of 2007

DELIVERED ON:

21 February 2008

DELIVERED AT:

Brisbane (Delivered Ex Tempore)

HEARING DATE:

21 February 2008

JUDGE:

Dutney J

ASSISTING
 PSYCHIATRISTS:

Dr J T Varghese
De E N McVie

FINDINGS AND ORDER:

1.   A forensic order be made and;

2.   I order that DG be detained to the [address as specified] Mental Health Service and I approve limited community treatment pursuant to s 289 of The Mental Health Act to commence immediately on the following conditions:

a.   That she reside at [address as specified], Toowoomba or at an address approved in advanced in writing by the authorised psychiatrist;

b.   That she attend the [address as specified] for an appointment with Dr Greg Weppner on the 25th of February 2008 at 11 a.m.;

c.   That she attend all follow-up appointments and in-patient care as required by the authorised psychiatrist;

d.   That she comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment;

e.   That she refrain from using alcohol and illicit and make herself available and cooperate fully in random medical tests for those substances as required by the authorised psychiatrist;

f.    That she not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with one count of unlawfully attempting to kill and two counts of cruelty to an animal – where both psychiatrists are of the opinion that defendant was deprived of one or more of the relevant capacities at the relevant time – whether the defendant was of unsound mind at the relevant time – whether a forensic order should be made

COUNSEL:

Mr S Crofton 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:  DG is charged with one count of unlawfully attempting to kill and two counts of cruelty to an animal. Both offences are alleged to have been committed on the 4th of April 2005.

1. The Court has been assisted by reports received from Dr McGuire of the 15th of February 2007 and Dr Philipson of the 30th of October 2007.  Both psychiatrists are of the opinion that DG was deprived of one or more of the relevant capacities at the relevant time and support a finding of unsoundness of mind.  I accept that evidence and find that at the time of the commission of the alleged offences DG was of unsound mind.

1. It seems also appropriate, having regard to the recommendations of the reporting psychiatrists and the submissions that have been made, that a forensic order be made and, accordingly, I order that DG be detained to the [address as specified] Mental Health Service and I approve limited community treatment pursuant to s 289 of The Mental Health Act to commence immediately on the following conditions:

1.          That she reside at [address as specified], Toowoomba or at an address approved in advanced in writing by the authorised psychiatrist;

2.          That she attend the Adult Community Mental Health Service, [address as specified] for an appointment with Dr Greg Weppner on the 25th of February 2008 at 11 a.m.;

3.          That she attend all follow-up appointments and in-patient care as required by the authorised psychiatrist;

4.          That she comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment;

5.          That she refrain from using alcohol and illicit and make herself available and cooperate fully in random medical tests for those substances as required by the authorised psychiatrist;

6.          That she not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.

1. I have omitted to refer to Dr Weppner's report of the 12th of February 2008 which also supports the findings.