Re JMT
[2002] QMHC 5
•24 October 2002
MENTAL HEALTH COURT
CITATION: | Re JMT [2002] QMHC 005 |
PARTIES: | REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVES IN RESPECT OF JMT |
PROCEEDING NO: | 0062/2002 |
DELIVERED ON: | 24 October 2002 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 24 October 2002 |
JUDGE: | Wilson J |
ASSISTING PSYCHIATRISTS | Dr J M Lawrence Dr J F Wood |
FINDINGS AND ORDERS: | 1. That when the alleged offence was committed, the defendant was suffering from unsoundness of mind as described in Schedule 2 of the Mental Health Act 2000; 2. Order that the defendant be detained as a forensic patient in the Toowoomba District and Area Network Authorised Mental Health Service for involuntary treatment and care; 3. Approval of limited community treatment to commence immediately on the following conditions: (1) that he reside at [address] in the State of Queensland; (2) that he present to Dr J Morby, psychiatrist, Kingaroy Community Mental Health Service, 166 Youngman Street, Kingaroy on 4 November 2002 at 2:15 pm and attend all follow-up appointments and in-patient care as required by the treating psychiatrist; (3) that he comply with the requirements of the treating psychiatrist in relation to the taking of the prescribed medications and other treatment; (4) that he refrain from using alcohol and illicit drugs and make himself available and cooperate fully in random medical tests for those substances as required by the treating psychiatrist; and (5) that he not drive a motor vehicle unless permitted to do so by the treating psychiatrist |
CATCHWORDS: | MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPCITY – where defendant charged with dangerous operation of a motor vehicle causing grievous bodily harm – where defendant suffered from paranoid schizophrenia – whether defendant suffered from unsoundness of mind at the time of the offence – whether the psychosis was severe enough to deprive the defendant of any relevant capacity – where conflicting expert evidence given Mental Health Act 2000 (Qld), Schedule 2 |
COUNSEL: | C Caldwell (sol) for the defendant J Tate for the Director of Mental Health |
SOLICITORS: | Turns Lawyers (Brisbane) acting as Town Agents for Roberts & Kuskie Solicitors (Kingaroy) for the defendant The Crown Solicitor for the Director of Mental Health |
WILSON J: JMT has been charged with the dangerous operation of a motor vehicle causing grievous bodily harm on 1 January 2000.
I am satisfied that at the time he was suffering from paranoid schizophrenia, a mental illness. It was a feature of that illness that he had persecutory delusions.
I am also satisfied that in the period leading up to the incident he was psychotic. The only dispute on the medical evidence is whether the psychosis was of sufficient severity to deprive him of one or more of the relevant capacities.
The Court heard evidence from Dr Joe Barkla who interviewed him on 9 January 2002 and Dr John McIntyre who interviewed him in mid 2002.
Dr Barkla considered that he was deprived of the capacity to control his actions. Dr McIntyre was not satisfied that it was more than impairment.
There is considerable collateral evidence. There was disturbed behaviour in the week leading up to the incident, so much so that his mother tried to have the police involve the Mental Health authorities.
There is evidence from a policeman who spoke to him immediately after the accident, Sergeant Graham, which contains persecutory delusions. There is evidence that the defendant said he was going to get food for angel fish, and angels feature in those delusions.
Three days after the accident he was in the Nambour Hospital. There are Registrar's notes from that hospital available. It seems that the defendant denied psychotic symptoms at that time, however, concealment can be a feature of the disorder. I note that he absconded from that hospital. That is conduct consistent with his conduct some years earlier when he absconded from the Kingaroy Hospital when psychotic, and took refuge in a police house.
Really the point came down to this. Dr McIntyre said he would have been satisfied of a deprivation of capacity had there been evidence from the defendant himself of delusions at the very time of the incident.
Having regard to the collateral evidence and, in particular, the policeman's evidence, I am satisfied on the balance of probabilities that he was delusional at the time.
Accordingly, I find that at the time of the alleged offence he was suffering from unsoundness of mind within the meaning of the Mental Health Act 2000.
Having regard to the seriousness of the offence, his treatment needs and the protection of the community, I order that he be detained as a forensic patient in the Toowoomba District and Area Network Authorised Mental Health Service for involuntary treatment and care.
I approve limited community treatment to commence immediately on the following conditions -
1. that he reside at [address] in the State of Queensland;
2. that he present to Dr J Morby, psychiatrist, Kingaroy Community Mental Health Service, 166 Youngman Street, Kingaroy on 4 November 2002 at 2.15 p.m. and attend all follow-up appointments and in-patient care as required by the treating psychiatrist;
3. that he comply with the requirements of the treating psychiatrist in relation to the taking of the prescribed medications and other treatment;
4. that he refrain from using alcohol and illicit drugs and make himself available and cooperate fully in random medical tests for those substances as required by the treating psychiatrist; and
5. that he not drive a motor vehicle unless permitted to do so by the treating psychiatrist.
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