Re Greaves

[2005] QMHC 45

MENTAL HEALTH COURT

CITATION:

Re Greaves [2005] MHC 45

PARTIES:

REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVE IN RESPECT OF PATRICIA ANN GREAVES

PROCEEDING NO:

No 0116 of 2005

DELIVERED ON:

21 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

21 November 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

1.   The defendant was 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 detained as a forensic patient at the Bayside District Authorised Mental Health Service.

3.   Limited community treatment is to commence immediately on the following conditions:

a)    That the defendant reside at a stated address or at another address approved of in advance, in writing by the authorised psychiatrist;

b)    That she attend a stated appointment with a psychiatrist; 

c)     That she comply with the requirements of the authorised psychiatrist in relation to follow-up appointments, the taking of prescribed medication and other treatment;

d)    That she refrain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with stalking and grievous bodily harm – where psychiatric opinion to the effect that defendant was of unsound mind – whether defendant of unsound mind at the time of the alleged offences - whether forensic order required

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 Greaves is charged with an assault allegedly occurring on 19 July 2004.  I am satisfied she was of unsound mind at the time that offence was allegedly committed.  The context was that she punched a Mental Health Unit nurse at Princess Alexandra Hospital during a pre-discharge interview.  In a record of interview with the police she disclosed an idea that the staff interviewing her were having telepathic thoughts about her and she was defending herself.

1. The issue is not really as to unsoundness but as to whether a forensic order is warranted.  Dr Varghese had given a report of 31 October, in which he said he was inclined to the view that a forensic order was indicated because some of Ms Greaves’ delusional thinking involved notions of violence, including the possibility of attacking someone with a knife.

1. Dr Varghese included this caveat.  He recommended that Dr Dark, who had treated Ms Greaves, give her advice.  Dr Dark has done so.  She recommends against the making of the forensic order because it might impair the ability of the mental health services to work flexibly with Ms Greaves and because, as she points out, the risk really exists when Ms Greaves is in an inpatient setting and feels her autonomy is taken away. On the other hand, in what seems an apparent contradiction, Dr Dark says that consideration should be given to an involuntary treatment order. 

1. Both Dr Wood and Dr Grant incline to the view that a forensic order is warranted, principally to ensure that Ms Greaves receives the treatment that she needs for a significant illness.  Dr Wood points out that she has been avoidant of treatment in the past. 

1. It is true that the offence with which Ms Greaves is charged is not, in the order of things, such a serious one; it occurred in the context, obviously, of continuing illness. But on the other hand, more, I think, than the question of community protection, her treatment needs loom very large.  She is going to be living on Russell Island.  What is proposed is a sort of shared care arrangement between her general practitioner and the Bayside Mental Health Service.  There is, I think, a real concern as to whether she will in fact avail herself of that in the absence of any order of the Court.

1. Protection of the community does come into it, given Dr Varghese’s concerns.  There is the, as I perceive it, greater concern of whether Ms Greaves’ treatment needs will be met in the absence of an order.  Those considerations, together with the advice of Dr Grant and Dr Wood convince me that a forensic order is necessary.

1. I will order that Ms Greaves be detained at the Bayside District Authorised Mental Health Service and order immediate limited community treatment on the following conditions:

a)   That the defendant reside at a stated address or at another address approved in advance, in writing by the authorised psychiatrist;

b)   That she attend a stated appointment with a psychiatrist; 

c)   That she comply with the requirements of the authorised psychiatrist in relation to follow-up appointments, the taking of prescribed medication and other treatment;

d)   That she refrain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist.