Re Fonua

[2010] QMHC 14

MENTAL HEALTH COURT

CITATION:

Re Fonua [2010] QMHC 14

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF PAULI LOPETI FONUA

PROCEEDING:

No 0037 of 2010

DELIVERED ON:

28 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

28 May 2010

JUDGE:

Philippides J

ASSISTING PSYCHIATRISTS:

Dr E N McVie

FINDINGS AND ORDER:

1. That the defendant was of unsound mind at the relevant times as defined in Schedule 2 of the Mental Health Act 2000 (Qld);

2.   That the defendant be detained as a forensic patient at The Prince Charles Hospital Authorised Mental Health Service;

3.   Limited Community Treatment is approved to commence immediately at the discretion of the treating psychiatrist on the conditions set out by the Director of Mental Health. 

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF

MENTAL ILLNESS OR INCAPACITY – where defendant charged with serious assault and public nuisance – where defendant suffers from chronic schizophrenia – whether defendant was of unsound mind as described in Schedule 2 of the Mental Health Act 2000 (Qld)

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

J Briggs for the Defendant
J Tate for the Director of Mental Health

J Thomson for the Director of Public Prosecutions (Qld)

SOLICITORS:

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

PHILIPPIDES J:

1. Pauli Fonua is charged with one count of serious assault and one count of public nuisance, both on 13 November 2009.

1. The material before the Court indicates that the defendant suffers from chronic schizophrenia, that he was relevantly deprived at the time of the alleged offences.  Accordingly I find that the defendant was of unsound mind in relation to all of the charges.

1. In relation to the question of a forensic order I note that the defendant does suffer from a severe mental illness.  It has required treatment under an ITO.  It is characterised by erratic, aggressive behaviour in response to auditory hallucinations.  I note also that during his admission the defendant has undergone major changes in his medication.  Moreover Dr McKinnon has indicated in his report that the defendant will require engagement over a long period in terms of treatment.

1. In those circumstances I do not consider that it is appropriate that those matters be addressed merely through the present ITO.  It is more appropriate that those aspects be dealt with under a forensic order which is a much less fragile means of ensuring ongoing treatment.

1. Accordingly I order that the defendant be detained in the Prince Charles Hospital Authorised Mental Health Service. 

1. I approve limited community treatment in the nature set out in the submission from the Director of Mental Health.