Re KFB

[2005] QMHC 19

MENTAL HEALTH COURT

CITATION:

Re KFB [2005] QMHC 019

PARTIES:

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

PROCEEDING NO:

64 of 2005

DELIVERED ON:

10 June 2005

DELIVERED AT:

Brisbane

HEARING DATE:

10 June 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 described in schedule 2 of the Mental Health Act 2000 (Qld)1.   

The defendant is to be detained as a forensic patient at The Park Centre for Authorised Mental Health Service for involuntary treatment and care;2.   

Approval of escorted limited community treatment on and off the grounds of the hospital on the following conditions: 3.   

That the patient is to remain under the escort of health service staff member/s nominated by the authorised psychiatrist for the duration of the limited community treatment; and(a)        

For the purpose of escorted limited community treatment, the patient is to comply with the directions of the nominated staff members for the duration of the limited community treatment.(b)       

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant is charged with, amongst other charges, various assaults – where evidence that defendant has moderate mental retardation and a chromosomal disorder – 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

Criminal Code (Qld), s 27

Mental Health Act 2000 (Qld), schedule 2

COUNSEL:

Ms C Morgan for the defendant
Mr J Tate for the Director of Mental Health

Mr P Rutledge for the Director of Public Prosecutions

SOLICITORS:

Legal Aid Queensland for the defendant
The Crown Solicitor for the Director of Mental Health

The Director of Public Prosecutions

1. HOLMES J: KFB is charged with serious assault on 11 October 2004, two charges of common assault on 4 April 2005, three of wilful damage on that day, another of entering a dwelling with intent, another of assault occasioning bodily harm with a weapon, another of assault occasioning bodily harm, one charge of entering premises and committing an indictable offence, one of attempted abduction and one of entering a vehicle with intent, all on 4 April 2005.

1. The earlier incident on 11 October 2004 entailed his biting a policewoman's hand when she was called in to provide some restraint.  The events of 4 April 2005 occurred when he ran away from what has been known as the Basil Stafford Centre.  There were a number of incidents over about three-quarters of an hour where he committed various assaults on residents of the area and caused a good deal of alarm and concern, as one would imagine.

1. KFB has a diagnosis of moderate mental retardation and a chromosomal disorder - XYY disorder.  His full scale IQ has been assessed at 47.  There is agreement amongst the psychiatrists who have seen him that he is deprived of the capacity to know he ought not do the acts in question and also that he is permanently unfit for trial.  Both those matters seem abundantly clear.

1. I find that he was of unsound mind pursuant to the Mental Health Act 2000, schedule 2 at the time each of the acts constituting the alleged offences were committed. The much more difficult question is that of what should now occur. The making of a forensic order is clearly necessary but it entails a delicate balance between risk to the community and KFB's own needs.

1. Dr Schramm, who gave a report on 15 April 2005, made his view clear that transfer to a psychiatric hospital was inappropriate.  I should say that since his arrest, KFB has been managed in the Woodford Correctional Centre Crisis Support Unit, a place which would seem entirely inappropriate for a person with his difficulties.  The psychologists there seem to have managed heroically, given the fact that the Centre is not designed for anything of this kind.

1. The parents of KFB have provided a submission in which they say they would like him to be placed in group housing preferably in a rural acreage environment with appropriate therapy in a number of forms.  They explain there are a number of triggers to his anti-social behaviour when it occurs in the form of loud noises, too much stimuli, incarceration, social isolation; all of which they say were present at Basil Stafford.

1. The submission for availability of some sort of group accommodation has a great deal to recommend it.  Unfortunately, none of this is within my powers.  I can only make a forensic order for detention in an Authorised Mental Health Service and I cannot do much more than make recommendations.  I certainly cannot impose a regime on Disability Services Queensland, let alone direct the creation of facilities.

1. Disability Services Queensland has met with personnel from the Director of Mental Health's office.  This is said, in a submission from the Director of Mental Health:

"Disability Services Queensland has been unable to provide a suitable level of supported accommodation for KFB and it was agreed that interim placement in the Dual Diagnosis Unit at The Park Centre for Mental Health was appropriate.  It is acknowledged that this placement would be in an open ward setting in close proximity to the facility in which KFB was held at the time of the alleged offences.  Alternative placements in secure mental health settings, however, were thought by all parties to be inadequate in meeting KFB's needs. 

Arrangements for longer term community placement will be facilitated by Disability Services Queensland in conjunction with staff of the Dual Diagnosis Unit."

1. The reality, I think, is that there is a lack, as Dr Wood has said, of statutory provision for the kind of security that is needed for KFB; and there is a complete lack of actual resources for a person with his needs for security in the form of adequate supervision and structure in his life without resort to facilities which are entirely inappropriate, such as correctional centres and psychiatric hospitals.  

1. Unfortunately, this is the best that is on offer.  It is a short-term option.  I am satisfied that short-term placement in the Dual Diagnosis Unit is the best outcome at the present time.  The level of supervision available is sufficient to meet the question of risk to the community but it is not any sort of long-term solution.

1. I will make the order for detention of KFB in The Park Centre for Authorised Mental Health Service. 

1. I approve limited community treatment on the conditions that he receive escorted on and off the grounds of the hospital leave with the condition that he remain under the escort of Health Service staff members nominated by the authorised psychiatrist for the duration of the limited community treatment and that, for the purposes of escorted limited community treatment, he comply with the directions of the nominated staff members for the duration of the limited community treatment.

1. I will order that a copy of what has passed today in the transcripts by way of submissions and comments be provided to Disability Services Queensland and to the treating team at the Dual Diagnosis Unit. 

1. I strongly recommend that if alternative accommodation becomes available, urgent review by the Mental Health Review Tribunal is sought so that KFB can be placed in such accommodation as fast as possible.

1. I express my sympathy to the parents of KFB for the strain under which they have been in seeing the inadequacy of the arrangements available to their son.