Re JKA

[2008] QMHC 23

MENTAL HEALTH COURT

CITATION:

Re JKA [2008] QMHC 023

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF JKA

PROCEEDING:

No 291 of 2007

DELIVERED ON:

22 May 2008

DELIVERED AT:

Brisbane

HEARING DATE:

22 May 2008

JUDGE:

Dutney J

ASSISTING
 PSYCHIATRISTS:

Dr J Lawrence
Dr E McVie

FINDINGS AND ORDER:

1.   The defendant was not deprived of any relevant capacity at the time of committing the offence;

2.   The defendant is fit for trial and the charges proceed according to law;

3.   The reports obtained for the purpose of these proceedings be available to the parties for use in any subsequent proceedings.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with three counts of attempted murder and various drug charges – where the defendant denies having had an intention to kill – whether there is reasonable doubt – whether the defendant is fit for trial

COUNSEL:

Mr J Farmer for the defendant
Mr J Tate for the Director of Mental Health
Mr S Campbell for the Director of Public Prosecutions (Qld)

SOLICITORS:

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

1. JDUTNEY:  A preliminary issue has arisen in relation to this particular reference.  The defendant is charged with three counts of attempted murder, possession of a dangerous drug and possession of a utensil or pipe on the 18^th of September 2007.  The two latter charges, the possession of a dangerous drug and the possession of a utensil or pipe are, of course, very minor charges.  The substance of the reference is the three counts of attempted murder.

1. The allegation against the defendant is that, on the 18^th of September, 2007, she attempted to kill her three children by placing them in a motor vehicle in a garage and starting the engine.  She denies having had any intention to kill.  A question might arise as to what other intention there could be, but the facts suggest that that is not as moot a point as it might ordinarily be.  One of the children was 13.  When he realised the degree of his mother's distress he opened a door of the vehicle, got out and left the garage.  That suggests that there is at least a substantial argument that what was intended was attention seeking rather than any express intention to kill, and that seems to me to be a jury question.

1. There is, of course, only one element to attempted murder and, if that is not admitted, then it seems to me that I would have to find that there is reasonable doubt and the matter should proceed to trial.  I find that the defendant is fit for trial.

1. In relation to the offences of possession of a dangerous drug and possession of a utensil or pipe, I am satisfied that the defendant was not deprived of any relevant capacity in relation to those charges, and I also direct that they proceed according to law.  I find that she is fit for trial.  I order that the reports obtained for the purpose of these proceedings be available to the parties for use in any subsequent proceedings.