Re Duncan

[2005] QMHC 42

MENTAL HEALTH COURT

CITATION:

Re Duncan [2005] MHC 42

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF KARA DUNCAN

PROCEEDING NO:

No 0109 of 2005

DELIVERED ON:

21 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

21 October 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

1.   The defendant was not of unsound mind as defined in the Mental Health Act 2000 (Qld), Schedule 2 at the time of the alleged offences.

2.   The defendant is fit for trial.

3.   The matters are to continue according to law.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with dangerous operation of a motor vehicle and unlicensed driving – where evidence that the defendant has a borderline personality disorder – whether defendant, at the time of the alleged offences, was deprived of the capacity to understand what she was doing, or the capacity of control, or the capacity to know that she ought not to do the act pursuant to the Criminal Code, s 27 – whether defendant of unsound mind at the time of the alleged offences– whether defendant fit for trial

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

S Ryan for the defendant
J Tate for the Director of Mental Health

S Vasta 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

1. HOLMES J:  Ms Duncan is charged with one count of dangerous operation of a motor vehicle and one count of unlicensed driving on 14 February 2005.  I am satisfied that she was not of unsound mind at the time those offences were allegedly committed. 

1. Dr Caniato, who has been her treating psychiatrist, has reported on her and has given evidence today.  In his report he says that she has a reasonable understanding of Court processes.  He does not think they would cause her any trouble.  He does not think that a trial would result in a deterioration of her mental illness, if borderline personality disorder is correctly described as that.  He says that she is frightened of the possibility of going to jail, which is a perfectly natural and normal response.  I accept that Ms Duncan is apprehensive about the process although I think that might be very much alleviated by the assistance of her solicitor and the continuing assistance of Dr Caniato.

1. I am satisfied that she is capable of understanding and pleading to the charges, of giving instructions and following the proceedings.  I am also satisfied that she can endure the trial without serious adverse consequences to her mental condition and I therefore find her fit for trial and order that the proceedings continue according to law.