Re Hamilton

[2007] QMHC 9

MENTAL HEALTH COURT

CITATION:

Re Hamilton [2007] QMHC 009

PARTIES:

REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVE IN RESPECT OF CHRISTOPHER ROY HAMILTON

PROCEEDING:

Proceeding No 0052 of 2006

DELIVERED ON:

13 April 2007

DELIVERED AT:

Brisbane

HEARING DATE:

13 April 2007

JUDGE:

Philippides J

ASSISTING
 PSYCHIATRISTS:

Dr J M Lawrence
Dr J F Wood

FINDINGS AND ORDER:

1. That the defendant was of unsound mind at the time of the alleged offences as described in Schedule 2 of the Mental Health Act 2000 (Qld)

2.   That the defendant be detained as a forensic patient at The Park High Security Program: Central and Southern Areas

3.   That limited community treatment, in the nature of closed bus trips on and off the grounds of The Park High Security Program: Central and Southern Areas, be approved

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with two counts of murder – where defendant has a diagnosis of longstanding paranoid schizophrenia – whether the defendant was of unsound mind as defined in Schedule 2 of the Mental Health Act 2000 (Qld) at the time of the alleged offences – whether forensic order necessary – whether limited community treatment should be approved

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

Mr S Crofton for the defendant
Mr J Tate for the Director of Mental Health

Mr S Vasta for the Director of Public Prosecutions

SOLICITORS:

Legal Aid for the defendant
Crown Law for the Director of Mental Health

The Director of Public Prosecutions (Qld)

1. J:PHILIPPIDES  The defendant Christopher Roy Hamilton is charged with the murder of his parents James and Joyce Hamilton on 3 January 2006.  The defendant's mental condition at the time of the alleged offences has been referred to this Court.  The defendant does not dispute that he killed his parents.

1. The evidence before the Court indicates that on the morning of 3 January 2006 police received a telephone call from a male person stating that he was with the defendant and that the defendant had just killed his parents.  Police arrived at the residence of the defendant's parents to find that the parents were both dead.

1. The defendant told police that on the day in question he heard a voice that he believed to be the voice of his brother Keith saying, "It's time.  They aren't your real mum and dad.  They have been trying to kill you and you have to kill them first."  He said that the voice got louder and more persistent and that the voice then took over his body.  He said that he went into his bedroom, got a pair of scissors from under his pillow and with the scissors stabbed his mother in the neck and head.  His father came into the room and the defendant said he punched his father and also proceeded to stab him with a kitchen knife.  The defendant told police that he then put on steel capped work boots and that he kicked his mother and his father repeatedly in the head to ensure that they were both dead. 

1. Clearly the attack on the parents was a particularly ferocious one.  There is no evidence that the defendant was intoxicated in any way at the relevant time.

1. The defendant has a diagnosis of longstanding paranoid schizophrenia.  Throughout much of the history of his illness the defendant has held delusional beliefs and experienced auditory hallucinations.  It would appear that at times the symptoms were reasonably well controlled with medication, although they returned when the defendant was non-compliant or was off medication.  The defendant suffered his first episode of psychosis in January 1981 when he was 18 years of age.  He displayed prominent persecutory and religious delusions, believing himself to be the chosen one, a modern day equivalent of Jesus Christ.  He was commenced on medication and he was subsequently transferred to the Baillie Henderson Hospital where his condition settled on medication.  He was discharged later in February 1981.  He was re-admitted to the Baillie Henderson Hospital between July and August 1982 where he presented with delusions concerning his mother.  He was seen as an out-patient upon discharge by Dr Thompson.

1. From 1985 it appears that the defendant ceased medication.  He presented to the Toowoomba Mental Health Services as a self-referral in the company of his mother in March 1990.  He presented with various symptoms and was recommenced on medication.  There was a trial period off medication in 1991 and subsequently in 1994.  On each occasion medication had to be recommenced because of a recurrence of symptoms.  Between 1995 and 1998 the defendant was on medication on alternate days, but it appears that he ceased taking medication resulting in persecutory ideas eventually returning.

1. Eventually in 2004 there was a change in medication to Risperidone.  In September 2005 the defendant was also commenced on antidepressive medication.  There was again non-compliance with medication.  The defendant's last contact with Dr Thompson was on 21 December 2005.  Although there was some improvement in his mental condition, there was nevertheless the presence of some psychotic symptoms.

1. In his interview with the police on the day of the alleged offences the defendant reported that he had stopped taking his medication about two weeks before the incident.  He had also doubled his dose of Prozac and it is possible that that may have had some consequence in relation to his non-compliance.

1. Shortly after ceasing the Risperidone the defendant's mental condition rapidly deteriorated.  There is evidence of hallucinatory phenomena, delusional thinking and what has been described as "ego boundary breakdown".  In particular he began hearing a voice which he believed was emanating from his brother Keith.  He stated that the voice told him that his parents were government plants and that they were planning to harm him.  He reported that on 2 and 3 January the voice was particularly strong and powerful and he believed on the morning of the alleged offences that Keith had taken over his body.

1. All the reporting psychiatrists to the Court - that is Dr Calder-Potts, Dr Reddan and Dr Schramm - agree that the defendant was at the time of the alleged offence suffering from a relapse of his schizophrenia and that he was floridly psychotic.  They all agree that he was, as a result of his psychotic condition, deprived of the capacity to know that he ought not to do the acts and the volitional aspect of the capacity of control.  Dr Calder-Potts referred to the defendant's lack of insight to the extent that he was unable to resist the powerful delusional beliefs and command hallucination and to the features of passivity of volition that were also referred to by the other two reporting doctors.

1. In the circumstances, given the clinical material before the Court, it is clear that the defendant was at the time of the alleged offences of unsound mind.  There is no question that a forensic order is appropriate in this case.  I order that the defendant be detained to The Park - High Security Program Central and Southern Areas Authorised Mental Health Service.

1. In respect of the issue of whether limited community treatment ought to be approved, I am satisfied that escorted limited community treatment in the nature of closed bus trips on and off the grounds of The Park would not present an unacceptable risk.  I approve such escorted limited community treatment, but confined to closed bus trips. 

1. The Court has received material from the family members which should be placed before the treating team and also before the Mental Health Review Tribunal on any review of the forensic order.  It is also appropriate, given the difficult issues concerning future management of the defendant, that a transcript of these proceedings be provided to the treating team and also to the Mental Health Review Tribunal on the occasion of further review of the forensic order.