Re Green
[2013] QMHC 16
•16 October 2013
MENTAL HEALTH COURT
CITATION:
Re Green [2013] QMHC 16
PARTIES:
REFERENCE BY LEGAL AID QUEENSLAND IN RESPECT OF MALCOLM DENIS GREEN
PROCEEDING NO:
0290 of 2012
DELIVERED ON:
Delivered ex tempore on 16 October 2013
DELIVERED AT:
Brisbane
HEARING DATE:
16 October 2013
JUDGE:
Ann Lyons J
ASSISTING PSYCHIATRISTS:
Dr J M Lawrence
Dr E N McVieFINDINGS AND ORDERS:
That there is no fact that is substantially material to the opinion of an expert witness as defined in s 269(1) of the Mental Health Act 2000 (Qld) that is so in dispute it would be unsafe to make a decision on unsoundness of mind in relation to the two counts of wilful damage, one count of going armed to cause fear and one count of threatening violence on 22 November 2011. 1.
That the defendant was of unsound mind as described in the Schedule of the Mental Health Act 2000 (Qld) at the time of the alleged offences of going armed to cause fear, threatening violence and the two counts of wilful damage on 22 November 2011.2.
That the proceedings according to law against the defendant in relation to the alleged offences of going armed to cause fear, threatening violence and the two counts of wilful damage on 22 November 2011 are discontinued and further proceedings must not be taken against the defendant for the acts constituting the offences.3.
That the defendant was not of unsound mind as described in the Schedule of the Mental Health Act 2000 (Qld) at the time of the alleged offence of producing dangerous drugs on 22 November 2011. 4.
That the defendant is fit for trial in relation to the alleged offence of producing dangerous drugs on 22 November 2011. 5.
That the proceedings against the defendant in relation to the count of producing dangerous drugs on 22 November 2011 are to continue according to law.6.
That a Forensic Order be made pursuant to s 288 of the Mental Health Act 2000 detaining the defendant to the Logan-Beaudesert Authorised Mental Health Service.7.
That a Limited Community Treatment order pursuant to s 289 of the Mental Health Act 2000 to commence immediately is approved on the following conditions:8.
That the patient comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment;(a)
That the patient must not use alcohol unless permitted to do so by the authorised psychiatrist;(b)
That the patient abstain from all illicit drugs and must cooperate fully in random medical tests for those substances as required by the authorised psychiatrist; (c)
That the patient not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.(d)
More than Overnight:
That the patient reside at an address or at a place approved in advance in writing by the authorised psychiatrist;(e)
That the patient must attend an appointment with a psychiatrist and all follow up appointments and in-patient care as required by the authorised psychiatrist.(f)
CATCHWORDS:
MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with producing dangerous drugs, going armed so as to cause fear, threatening violence and two counts of wilful damage – where defendant had suffered several bipolar episodes since age 19 but experienced long periods of stability between those episodes – where defendant had a history of non-compliance with medication – whether there was a dispute of fact – whether defendant was of unsound mind as defined in the Schedule of the Mental Health Act 2000 (Qld) at the time of the alleged offences – whether the mental state of the defendant at the time of the alleged offences was due to intoxication – whether a Forensic Order is required – whether Limited Community Treatment should be approved
Mental Health Act 2000 (Qld), Schedule, s 269(1), s 288, s 289
COUNSEL:
J Briggs for the defendant
J Tate for the Director of Mental Health
S Vasta for the Director of Public ProsecutionsSOLICITORS:
Legal Aid Queensland for the defendant
Crown Law for the Director of Mental Health
Director of Public Prosecutions (Qld)
ANN LYONS J:
This is a reference filed by Legal Aid Queensland on 14 December 2012 in relation to Malcolm Green and relates to four offences, all of which are alleged to have occurred on 22 November 2011.
By way of factual background, it is alleged that on 22 November 2011 police were called to a disturbance at a home in Beaudesert involving Mr Green. When police arrived, Mr Green left. After a foot pursuit he was apprehended and found to have two cannabis plants in his shorts. The evidence indicates that on 22 November 2011 a neighbour, Mr Nolan, had complained that Mr Green had become aggressive when the neighbour had advised Mr Green that he needed his vehicle back. He had lent the vehicle to Mr Green to allow him to drive to work for several weeks. When advised that he needed to return the vehicle, it is alleged that Mr Green became abusive and aggressive, and pulled the windscreen wipers off the vehicle, snapped the car aerial and allegedly poured liquid on the car, saying it was petrol and asked for a cigarette lighter. He is also alleged to have pulled the rear registration plate off the vehicle.
It is further alleged that he stated he was going to bash Mr Nolan and that he had pulled a small knife from his pocket and waved it in the direction of Mr Nolan. It would appear that his neighbour Mr Nolan believed that it was a knife and that Mr Green was going to stab him. It would appear that the knife brandished was a letter opener in the shape of a sword. Mr Green is charged with producing dangerous drugs, two counts of wilful damage, one count of going armed so as to cause fear and one count of threatening violence. Mr Green disputes some aspects of the facts but not the actual charges. Mr Green disputes that he ever said that he was going to burn the house down and he disputes that he said he was going to stab his neighbour. Mr Green also denies throwing the registration plate and does not remember destroying it. He denies any alcohol use but has admitted he had bought beers to have that evening. Given the offences that Mr Green is charged with, I accept that there is no dispute of fact.
The psychiatrists’ reports
The Court has the benefit of a number of reports, in particular, the reports of Dr Jonathan Mann dated 10 June 2012 and Dr Eve Timmins dated 7 September 2013. Both Dr Timmins and Dr Mann indicate that Mr Green has a history of bipolar disorder and has suffered several episodes since the age of 19. However, he has been able to sustain long periods of stability between those episodes. It would appear that there have been at least three significant episodes of mania associated with aggression, irritability and offending behaviour. His bipolar disorder has previously required management under the Mental Health Act 2007 (NSW).
Dr Timmins considered that for all of the alleged offences, except the charge of producing dangerous drugs, on the balance of probabilities, Mr Green was completely deprived of the capacity to know he ought not do the acts, by virtue of a mental illness and was also impaired in his capacity to control his actions. Dr Timmins considered that in relation to the charge of producing dangerous drugs he was not completely deprived due to the fact that his actions continued over a period of time and he attempted to hide the plants from police, which suggests that he knew what he was doing and that it was wrong.
Dr Timmins considered that Mr Green had evidence of active symptoms in the lead up to the alleged offences in November 2011. It was clear that he had been non compliant with medication since June 2011. He had been seen by a psychologist four days prior to the offences and was deemed to be in a manic state. He was also thought to be unwell on 24 November 2011, two days after the alleged offences, by the court liaison officer, who recommended an admission to hospital. Mr Green admitted that on the morning of the alleged offences he had driven at 160 kilometres per hour from Beaudesert to Browns Plains. Dr Timmins concluded those actions indicated he had poor judgment and there was evidence of impulsive behaviour, irritable mood and grandiosity. She considered it likely that he thought he was entitled to behave as he did and was not reasoning with a moderate degree of sense and composure about the situation with his neighbour at the time of the offences.
Dr Timmins noted Mr Green denied the use of illicit substances and there is no independent urine analysis but considered that it was arguable that intoxication played a part in his state of mind because he had a history of illicit substance use which is linked to periods of mania and accompanying psychosis. She stated that it was clear Mr Green was not taking his medications at the time and that, in the absence of those medications, he was probably using substances to manage his mental state. She said that there was documentation for his alcohol withdrawals in the watch house and he was prescribed Diazepam for those symptoms. Dr Timmins considered that there were those observations and his self report about use of substances, but apart from that there is little objective evidence that would confirm his use of substances.
Dr Mann was also satisfied he suffered from a mental disease, namely bipolar type 1 disorder, and that that condition has caused him to suffer several episodes of mania during his lifetime, with three significant episodes. Dr Mann noted that Mr Green disputes that he intended to cause any fear by holding the letter opener and claims he did not intend to use it as a weapon but rather was just holding it in his hand. Dr Mann stated that if there was no dispute of fact, he was satisfied that his manic episode deprived him of the ability to reason with a moderate degree of sense and composure.
Dr Mann stated that if Mr Green was found to be of unsound mind, then he did not currently meet the criteria for involuntary treatment under the Mental Health Act 2000 (Qld) and does not require in-patient treatment in a mental health facility. He indicated that Mr Green was accepting of continued treatment and monitoring from his doctor at the Browns Plains Mental Health Clinic and noted that there was a pattern of repeated offending behaviour in relation to relapses of his bipolar disorder and an absence of offending behaviour when his mental state is stable. Dr Mann considered that if there was adequate management of his mental disease, it would control his offending behaviour and therefore a Forensic Order was required.
There is a report from clinical psychologist, Ms Laura Gardner dated 13 January 2012. She indicated that Mr Green had been referred by his general practitioner and had previously been diagnosed with bipolar disorder. He was on probation and a part of the conditions was that he receive psychological assistance. Mr Green had required a reassessment of his mental state by Ms Gardner because he had ceased his medication voluntarily in April 2011. She stated that in his contact with her from October 2010 to 6 May 2011, his mood was normal and there were no indications of irritability, mania or depression. Indeed, an assessment completed on 8 October 2010 reported normal levels of depression, anxiety and stress. He attended for six sessions of therapy over an eight month period, focused on stress management. Ms Gardner saw Mr Green again in November 2011 and indicated that he showed symptoms of a manic episode on that occasion including impulsive behaviour, pressured speech and grandiosity. He reported sleeping two hours a night and drinking eight cups of coffee a day. She stated he denied using illicit drugs or drinking excessive amounts of alcohol and she stated that he realised he was manic. He was advised to see a psychiatrist, given his previous history of getting into trouble with the law when he had a manic episode. He refused, indicating that lithium made him sleepy. I also note that when Mr Green was seen in custody by the Court Liaison Officer on 24 November 2011, two days after the alleged offences, a recommendation was made that he be admitted to hospital as there was concern about his mental state.
Was the defendant of unsound mind?
I am satisfied that, on the basis of those reports and the advice of the assisting psychiatrists, Mr Green was of unsound mind in relation to four charges, namely the two counts of wilful damage, going armed as to cause fear and threatening violence. I am not satisfied that he was of unsound mind in relation to the charge of producing dangerous drugs.
Is a Forensic Order required?
I am satisfied that a Forensic Order is required given the serious nature of the charges, Mr Green’s longstanding illness and his non compliance with medication in the past. It would seem that Mr Green was well aware in November 2011 that he was manic but that he refused to see a psychiatrist indicating that he did not wish to take medication.
Accordingly, Mr Green is to be detained to the Logan-Beaudesert Authorised Mental Health Service. I approve Limited Community Treatment to commence immediately, subject to the discretion of the authorised psychiatrist.
FINDINGS AND ORDERS
I consider that orders should be in the following terms:
1. That there is no fact that is substantially material to the opinion of an expert witness as defined in s 269(1) of the Mental Health Act 2000 (Qld) that is so in dispute it would be unsafe to make a decision on unsoundness of mind in relation to the two counts of wilful damage, one count of going armed to cause fear and one count of threatening violence on 22 November 2011.
2. That the defendant was of unsound mind as described in the Schedule of the Mental Health Act 2000 (Qld) at the time of the alleged offences of going armed to cause fear, threatening violence and the two counts of wilful damage on 22 November 2011.
3. That the proceedings according to law against the defendant in relation to the alleged offences of going armed to cause fear, threatening violence and the two counts of wilful damage on 22 November 2011 are discontinued and further proceedings must not be taken against the defendant for the acts constituting the offences.
4. That the defendant was not of unsound mind as described in the Schedule of the Mental Health Act 2000 (Qld) at the time of the alleged offence of producing dangerous drugs on 22 November 2011.
5. That the defendant is fit for trial in relation to the alleged offence of producing dangerous drugs on 22 November 2011.
6. That the proceedings against the defendant in relation to the count of producing dangerous drugs on 22 November 2011 are to continue according to law.
7. That a Forensic Order be made pursuant to s 288 of the Mental Health Act 2000 detaining the defendant to the Logan-Beaudesert Authorised Mental Health Service.
8. That a Limited Community Treatment order pursuant to s 289 of the Mental Health Act 2000 to commence immediately is approved on the following conditions:
(a) That the patient comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment;
(b) That the patient must not use alcohol unless permitted to do so by the authorised psychiatrist;
(c) That the patient abstain from all illicit drugs and must cooperate fully in random medical tests for those substances as required by the authorised psychiatrist;
(d) That the patient not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.
More than Overnight:
(e) That the patient reside at an address or at a place approved in advance in writing by the authorised psychiatrist;
(f) That the patient must attend an appointment with a psychiatrist and all follow up appointments and in-patient care as required by the authorised psychiatrist.
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