Re JCB

[2005] QMHC 23

MENTAL HEALTH COURT

CITATION:

Re JCB [2005] QMHC 023

PARTIES:

REFERENCE BY THE DEFENDANT'S LEGAL REPRESENTATIVE IN RESPECT OF JCB

PROCEEDING NO:

0194 of 2004

DELIVERED ON:

5 August 2005

DELIVERED AT:

Brisbane

HEARING DATE:

5 August 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

At the time the offence was committed the defendant was suffering from unsoundness of mind as defined in schedule 2 of the Mental Health Act 2000 (Qld).1.   

The defendant is to be detained as a forensic patient at Toowong Private Hospital Authorised Mental Health Service for involuntary treatment and care.2.   

I order limited community treatment in the nature of more than overnight limited community treatment to commence immediately on the following conditions:3.   

That the patient reside at a stated address or at a place approved in advance in writing by the authorised psychiatrist;(a)        

That the patient attend all follow up appointments and in-patient care as required by the authorised psychiatrist;(b)       

That the patient comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment;(c)        

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

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant is charged with attempted murder – whether defendant of unsound mind at the time the alleged offence occurred – whether defendant deprived of one or more of the capacities in s 27 of the Criminal Code – whether, weighing up the seriousness of the offence, the patient’s treatment needs and the risk to the community, a forensic order should be made

Criminal Code (Qld), s 27

Mental Health Act 2000 (Qld), schedule 2

COUNSEL:

Mr A J Kimmins for the defendant
Mr J Tate for the Director of Mental Health

Mr P Rutledge for the Director of Public Prosecutions

SOLICITORS:

Bell Miller for the defendant
The Crown Solicitor for the Director of Mental Health

The Director of Public Prosecutions

1. HOLMES J:  JCB is charged with attempted murder on 24 July 2003.  The circumstances were these:  Responding to a number of social and health stressors, JCB attempted suicide by taking an overdose of analgesics and giving her 5 year old daughter a similar application of analgesics, and then putting a hose from the exhaust pipe of her vehicle into the window of her car and running the engine.  She desisted before either of them was seriously injured and then rang her general practitioner for assistance.  At the time, she was herself, I should mention, seven months pregnant.

1. I am satisfied on the reports of Dr Scott and Dr Sundin that JCB was suffering from unsoundness of mind at the time of the alleged commission of that offence.  The more difficult question is whether a forensic order should be made.  Dr Sundin and Dr Sullivan, JCB's current treating psychiatrist, do not recommend the making of a forensic order, essentially because of JCB’s full compliance with treatment and the absence of any relapse.  She seems to have made an extremely good recovery.

1. The factors to be balanced are, of course, the seriousness of the offence, JCB's treatment needs, and the risk to the community.  It is clear that she will have ongoing treatment needs, to a greater or lesser extent.  Her full compliance with treatment thus far, and her good recovery, lessen the proportions of any risk; but there remains a real seriousness of what risk still applies in this case. 

1. That is because JCB has the care of her children, who would now be 7 and 2 respectively.  If she were to experience another major depressive episode, such as to make her think of taking her own life, there is the prospect she would apply the same reasoning as she did on the earlier occasion, that it is better not to leave the children behind.

1. As I say, because of her compliance with treatment and her good recovery, it seems unlikely that will occur, but the risk remains.  It is a risk of such seriousness that I think it points towards the making of a forensic order in this case.  In coming to that conclusion, I apply my own appreciation of the facts and their significance but also I am guided by the advice of Dr Wood and Dr Grant. 

1. I will make the forensic order, detaining JCB to the Toowong Private Hospital Authorised Mental Health Service.  I order limited community treatment in the nature of more than overnight limited community treatment to commence immediately on the following conditions:

1.  That the patient reside at a stated address or at a place approved in advance in writing by the authorised psychiatrist;

2.  That the patient attend all follow up appointments and in patient care as required by the authorised psychiatrist;

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

4.  That the patient refrain from using alcohol and illicit drugs and co-operate fully in random medical tests for the detection of those substances as required by the authorised psychiatrist.