Re Michelson

[2008] QMHC 3

MENTAL HEALTH COURT

CITATION:

Re Michelson [2008] QMHC 003

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF JONATHON PAUL MICHELSON

PROCEEDING:

No 0075 of 2007

DELIVERED ON:

21 February 2008

DELIVERED AT:

Brisbane

HEARING DATE:

21 February 2008

JUDGE:

Dutney J

ASSISTING
 PSYCHIATRISTS:

Dr J T Varghese
De E N McVie

FINDINGS AND ORDER:

1.       Mr Michelson was of unsound mind at the time of the commission of the offences

2.       I order that Mr Michelson be detained in the Gold Coast authorised mental health service and I approve limited community treatment at the discretion of the treating psychiatrists on the following conditions:

a.   That he is to remain under the escort of Health Service staff members nominated by the authorised psychiatrists for the duration of the limited community treatment

b.   For the purposes of escorted limited treatment, Mr Michelson comply with the directions of the nominated staff members for the duration of the limited community treatment

c.   That Mr Michelson have no contact with Joanne Halloran.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with one count of attempted murder, one count of serious assault and one count of entering a dwelling an committing an offence – where both reporting psychiatrists agree that defendant was deprived of one of the capacities at time of committing offence – whether defendant was of unsound mind at the relevant time – whether a forensic order should be made – whether limited community treatment should be approved

COUNSEL:

Mr S Crofton for the defendant
Mr W Isdale for the Director of Mental Health
Mr S Vasta for the Director of Public Prosecutions (Qld)

SOLICITORS:

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

1. DUTNEY J:  Jonathon Paul Michelson is charged with one count of attempted murder and one count of serious assault, both alleged to have been committed on the 25th of November 2006, as well as one count of entering a dwelling and committing an offence on the same date. 

1. The Court has been assisted by reports from Drs Pradhan and Voita, Dr Pradhan's report of the 8th of January 2007 and Dr Voita's report of the 26th of September 2007.  Both reporting psychiatrists agree that Mr Michelson was deprived one of the relevant capacities at the time of the alleged commission of the offences. 

1. I accept their evidence and find that Mr Michelson was of unsound mind at the time of the commission of the offences.  Both reporting psychiatrists recommend a forensic order be made and that is supported by a more recent report of Dr Bonev from the Rehabilitation Mental Health Unit at Robina Hospital where Mr Michelson is currently an inpatient.

1. Having regard to the recommendations I order that Mr Michelson be detained in the Gold Coast authorised mental health service and I approve limited community treatment at the discretion of the treating psychiatrists on the following conditions:

1.          That he is to remain under the escort of Health Service staff members nominated by the authorised psychiatrists for the duration of the limited community treatment.

2.          For the purposes of escorted limited treatment, Mr Michelson comply with the directions of the nominated staff members for the duration of the limited community treatment.

3.          That Mr Michelson have no contact with Joanne Halloran.