MENTAL HEALTH COURT
CITATION:
Re Fisher [2015] QMHC 4
PARTIES:
REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF DAVID FISHER
FILE NO/S:
No 0173 of 2013
DELIVERED ON:
20 March 2015
DELIVERED AT:
Brisbane
HEARING DATE:
11 February 2015 and 12 February 2015
JUDGE:
Boddice J
ASSISTING PSYCHIATRISTS:
Dr J Lawrence
Dr N McVieFINDINGS AND ORDER:
1. At the time of the alleged offence of murder, the subject of the reference, the defendant was not suffering from unsoundness of mind as defined in the Schedule to the Mental Health Act 2000 (Qld).
2. At the time of the alleged offence of murder, the defendant was suffering from diminished responsibility as defined in the Schedule to the Mental Health Act 2000 (Qld).
3. In respect of the remaining alleged offences the subject of the reference, the defendant was not suffering from unsoundness of mind as defined in the Schedule to the Mental Health Act 2000 (Qld).
4. In respect of each of the alleged offences the subject of the reference, the defendant is fit for trial.
5. The proceeding against the defendant for manslaughter by reason of diminished responsibility continue according to law.
6. The proceeding in respect of the remaining alleged offences continue according to law.
7. Copies of the reports, and of the transcript, are to be released to the parties in the criminal proceedings.
CATCHWORDS:
MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with murder – whether defendant was of unsound mind as defined in the Schedule of the Mental Health Act 2000 (Qld) at the time of that offence – where the defendant had schizophrenia – whether defendant was intoxicated by cannabis, a synthetic cannabinoid and mescaline at the time of the offences – whether intoxication contributed to the defendant’s state of mind at the relevant times
COUNSEL:
T A Fuller QC for the Director of Public Prosecutions
J Tate for the Director of Mental HealthJ D Briggs for the Defendant
SOLICITORS:
Office of the Director of Public Prosecutions
Crown Law for the Director of Mental HealthLegal Aid Queensland for the Defendant
BODDICE J: By reference filed 19 June 2013, the Director of Mental Health referred to this Court the mental condition of David Fisher at the time of alleged offences of murder, possession of dangerous drugs and possession of utensils or pipes, all alleged to have been committed on 23 June 2012.
There is no dispute the defendant is currently fit for trial. There is also no dispute that the defendant was not deprived of any of the relevant capacities such as to support a defence of unsoundness of mind in respect of the alleged offences of possessing a dangerous drug and possessing utensils or pipes.
At issue is whether the defendant was suffering unsoundness of mind, or diminished responsibility, at the time of the alleged offence of murder, having regard to the use of various intoxicating substances on the day in question. A…
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- Re Fisher [2015] QMHC 4
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- [2015] QMHC 4
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CaseChat Overview and Summary
The legal issues before the court include the interpretation of "unsoundness of mind" under the Mental Health Act 2000 (Qld) and whether the defendant's intoxication played a significant role in his mental state at the time of the offence. The court must also determine if the defendant's schizophrenia alone, or in combination with his intoxication, meets the criteria for unsoundness of mind. Furthermore, the court has to consider the impact of these factors on the defendant's capacity to understand the nature and quality of his act or to know that what he was doing was wrong. The court's decision hinges on the interplay between the defendant's diagnosed mental illness, his intoxication, and the specific legal definitions provided by the Mental Health Act.
Orders
Orders of the court
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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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