Re LIH - [2002] QMHC 14

MENTAL HEALTH COURT

CITATION:	Re LIH [2002] QMHC 014
PARTIES:	REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVE IN RESPECT OF LIH
PROCEEDING NO:	0036/02
DELIVERED ON:	13 November 2002
DELIVERED AT:	Brisbane
HEARING DATES:	10, 11 September 2002
JUDGE:	Wilson J
ASSISTING PSYCHIATRISTS:	Dr D A Grant Dr J F Wood
FINDINGS AND ORDERS:	*1. That when the alleged offences were committed, the defendant was not suffering from unsoundness of mind as described in schedule 2 of the Mental Health Act* 2000 (Qld); 2. That the defendant is fit for trial;** 3. Order that the proceedings against the defendant for unlawful wounding, doing grievous bodily harm, killing an unborn child, unlawful possession of a dangerous drug and unlawful possession of a thing used in connection with the smoking of a dangerous drug be continued according to law.
CATCHWORDS:	MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with murder – whether defendant suffered from unsoundness of mind at the time of the offence – interpretation of “some other agent” in definition of “unsound mind” in schedule 2 of the Mental Health Act 2000 (Qld) – whether defendant suffered from cannabis induced psychosis – where conflicting expert opinions given about the existence of cannabis induced psychosis – whether cannabis induced psychosis is a “mental disease” within the meaning of schedule 2 of the Mental Health Act 2000 (Qld) – where defendant suffered from acute and chronic cannabis intoxication at the time the offence was committed Criminal Code 1899 (Qld), s 27, s 28 Mental Health Act 1974 (Qld), s 28A Mental Health Act 2000 (Qld), s 257(3), schedule 2 Re Bromage [2001] 1 Qd R 1, referred to Re C, Mental Health Tribunal, 27 March 1998, unreported, referred to Re H, Mental Health Tribunal, 5 September 2001, unreported, referred to
COUNSEL:	J Thompson for the defendant M Lehane for the Director of Public Prosecutions J Tate for the Director of Mental Health
SOLICITORS:	Legal Aid Queensland for the defendant The Director of Public Prosecutions The Crown Solicitor for the Director of Mental Health

WILSON J: LIH has been charged with unlawful wounding, doing grievous bodily harm and killing an unborn child on 29 June 2001. He has been charged also with the unlawful possession of a dangerous drug (cannabis sativa) and the unlawful possession of a thing (a waterpipe) used in connection with the smoking of a dangerous drug on the same date.

The matter of his mental condition at the time of the alleged indictable offences was referred to the Mental Health Tribunal by Legal Aid Queensland on 9 October 2001. The matter of his mental condition at the time of the simple offences was referred to the Mental Health Court by Legal Aid Queensland on 15 May 2002.[1]

[1]See Mental Health Act 2000 (Qld) s 257(3).

The defendant was born on 6 July 1981. At the time of the alleged offences he and his girlfriend were living in a unit in Bundaberg.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re LIH

Details

AGLC: Re Lih [2002] QMHC 14
Case: [2002] QMHC 14
Decision Date: 13 November 2002

CaseChat Overview and Summary

The case of Re LIH involved the defendant, LIH, who was charged with murder. The central issue before the court was whether LIH suffered from unsoundness of mind at the time of the offence, which would potentially negate his criminal responsibility. The court had to interpret the phrase "some other agent" in the definition of "unsound mind" found in Schedule 2 of the Mental Health Act 2000 (Qld), and determine if LIH's condition of cannabis-induced psychosis qualified as a mental disease within the meaning of the Act.

The court considered conflicting expert opinions regarding the existence of cannabis-induced psychosis and whether it constituted a "mental disease." The experts provided divergent views on whether the defendant's condition met the statutory criteria for unsoundness of mind. The court had to weigh these opinions and decide whether the defendant's acute and chronic cannabis intoxication at the time of the offence could be considered a "mental disease" under the Mental Health Act.

After thorough deliberation, the court concluded that cannabis-induced psychosis did not constitute a "mental disease" as defined in the Mental Health Act 2000 (Qld). Consequently, the court determined that LIH was not suffering from unsoundness of mind at the time of the offence, and therefore, he was criminally responsible for his actions. The court's decision hinged on the interpretation of the statutory definition and the expert evidence presented.

Orders