Re Hopgood-Howe

[2009] QMHC 24

MENTAL HEALTH COURT

CITATION:

Re Hopgood-Howe [2009] QMHC 024

PARTIES:

REFERENCE BY THE ATTORNEY-GENERAL IN RESPECT OF AADEN HOPGOOD-HOWE  

FILE NO/S:

No 69 of 2008

DELIVERED ON:

9 February 2009

DELIVERED AT:

Brisbane

HEARING DATE:

9 February 2009

JUDGE:

Philippides J

ASSISTING
 PSYCHIATRISTS:

Dr J Lawrence
Dr F Varghese

FINDINGS AND ORDER:

1.   That there is a dispute of fact not attributable to mental illness in relation to the charge of contravening a requirement between 11 November 2007 to 19 November 2007, such that no finding is made as to soundness of mind;

2.   That at the time of the charge of possess utensil or pipe on 20 November 2007 the defendant was not suffering from unsoundness of mind as described in Schedule 2 of the Mental Health Act 2000 (Qld);

3.   That at the time of all alleged offences between 29 November 2007 and 3 December 2007 the defendant was suffering from unsoundness of mind as described in Schedule 2 of the Mental Health Act 2000 (Qld);

4.   That defendant be detained as a forensic patient in the Sunshine Coast & Cooloola Authorised Mental Health Service;

5.   Approval of limited community treatment at the discretion of the authorised psychiatrist, on the following conditions:

a.    That he reside at 58 Coes Creek Road, Burnside  Qld  4560 or at an address approved in advance in writing by the authorised psychiatrist;

b.    That he present to Dr Milad at the Continuing Care Team, Ground Floor, Centenary Square, Nambour QLD 4560 on Wednesday 11 February 2009 at 12.00pm  and attend all follow up appointments and in-patient care as required by the authorised psychiatrist;

c.     That he comply with the requirements of the authorised psychiatrist in relation to the taking of the prescribed medication and other treatment;

d.    That he abstain from using alcohol and illicit drugs and make himself available and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist; and

e.     That he not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with a unlawful use of a motor vehicle, dangerous operation of a motor vehicle, driving without license, wilful damage, possess pipe or utensil, contravene requirement of police – where difference of opinion between expert witnesses as to unsoundness of mind – where intoxication not a material factor in the commission of offences – whether defendant was of unsound mind as defined in Schedule 2 of the Mental Health Act 2000 (Qld) at the time of those offences

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

Mr J Briggs for the defendant
Mr W Isdale for the Director of Mental Health

Mr D Finch for the Director of Public Prosecutions

SOLICITORS:

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

PHILIPPIDES J:

1. Mr Hopgood-Howe is charged with a number of offences.  They are listed in the schedule of offences which is an exhibit.  I note the clinical opinion of Dr Bourke and Dr Kingswell, that the defendant suffers from chronic paranoid schizophrenia and that there was, in relation to that mental illness an admission to the Nambour General Hospital on the 17th of August to the 8th of September 2006, there was a further admission on the 4th of December 2007 to the 8th of January 2008.

1. It can be immediately stated that, in relation to the contravening a requirement charge of 11 November 2007 to 19 November 2007, there is a dispute of the alleged offences not attributable to mental illness such that this Court makes no finding as to the issue of soundness of mind at the relevant time.  Further, in relation to the charge of possession of a utensil or pipe on 20 November 2007, there is no clinical evidence to support a defence and I find that the defendant was, at that time, not of unsound mind.  In relation to those matters I find that the defendant is fit for trial.  Those proceedings will continue according to law. 

1. The remaining offences the subject of the references are, as follows, unlawful use of a motor vehicle between 29 November 2007 and 2 December 2007 a further count of unlawful use of a motor vehicle between 1 December 2007 and 4 December 2007, dangerous operation of a motor vehicle between 2 December 2007 and 4 December 2007, unlawful use of a motor vehicle on 3 December 2007 and driving without a licence also on that date and wilful damage of police property, also on that date.

1. There was agreement between Dr Bourke and Dr Kingswell in relation to the offences of 3 December 2007 that the defendant was of unsound mind and deprived of at least one of the relevant capacities.  In relation to the balance of the remaining offences, Dr Bourke was firm in her support of a defence, while Dr Kingswell was a little ambivalent about that.  One thing is clear, both doctors discounted intoxication as a contributing factor to the defendant's state of mind.  Dr Kingswell felt unable on the material to advocate for a defence, however, as I mentioned, Dr Bourke did support a defence and, on balance, I prefer the evidence of Dr Bourke, particularly in the light of the admission from Dr Kingswell concerning the fact that the offending for which he remained ambivalent immediately preceded a period where the defendant was clearly psychotic and suffering from psychosis as described in the clinical notes when readmitted to hospital. 

1. Accordingly, I find in relation to all of those offences that the defendant was of unsound mind. 

1. I consider that a forensic order is warranted in this case.  The nature of the offences were serious, particularly the dangerous operation of the motor vehicle offence.  There are clearly ongoing treatment needs to be addressed against a background of drug use and non‑compliance. 

1. In those circumstances, I order that the defendant be detained to the Sunshine Coast and Cooloola Authorised Mental Health Service.  I approve limited community treatment to commence immediately at the discretion of the treating psychiatrist on the conditions contained in the submission from the Director of Mental Health dated 6 February 2009 which require inter alia that the patient attend an appointment with Dr Milad on 11 February 2009 at 12 p.m., that he comply with the requirements in relation to the taking of prescribed medication that he abstain from using alcohol and illicit drugs and that he not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.  I also grant leave to the parties to use the medical reports before the Court in further proceedings.