Re Murray

[2005] QMHC 58

MENTAL HEALTH COURT

CITATION:

Re Murray [2005] QMHC 58

PARTIES:

REFERENCE BY THE DISTRICT COURT OF QUEENSLAND IN RESPECT OF DESMOND JOHN MURRAY

PROCEEDING NO:

No 0074 of 2005

DELIVERED ON:

28 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

28 November 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

1.   The defendant was of unsound mind as defined in the Mental Health Act 2000 (Qld), Schedule 2, at the time of the alleged offences.

2.   The defendant is detained as a forensic patient to the Redcliffe Caboolture District Authorised Mental Health Service.

3.   Limited community treatment is to commence immediately on the following conditions:

a)    That he reside at a stated address, or at a place approved in advance in writing by the authorised psychiatrist;

b)    That he attend all follow-up appointments and inpatient care as required by the authorised psychiatrist;

c)     That he comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment; and

d)    That he refrain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with serious assault, entering premises with intent and a number of charges of wilful damage – whether defendant was of unsound mind at the time of the alleged offences – whether forensic order required

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

S Ryan for the defendant
J Tate for the Director of Mental Health

D Mackenzie 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: Mr Murray is charged with entering premises with intent and seven charges of wilful damage on 4 September 2004 and a further charge of serious assault on 6 September 2004.  I am satisfied that he was of unsound mind at the time those offences were allegedly committed.  I must say it is a matter of considerable concern that it took so long for a reference to be made to this Court and a further period for him to get bail. 

1. Ms Ryan, for Mr Murray, submitted that the offences with which he is charged are not serious ones; that he had spent that considerable period, 10 and a half months, in custody; that he is presently working and well, so that no forensic order should be made in this case. 

1. Mr MacKenzie, for the Director of Public Prosecutions, points to Mr Murray's previous criminal history, which does, in relatively recent years, include a number of offences of resisting police and assaulting police; to the risk of future psychotic episodes identified in the psychiatric reports and argues that, for community protection, a forensic order is required. 

1. Dr Wood, while agreeing that the offences are not, in the scheme of things, serious ones, points out that Mr Murray does have a serious psychosis which causes him, among other things, to get extremely paranoid about police.  He recommends a forensic order, so that Mr Murray can be monitored and, where necessary, treated.

1. Dr Grant also points out that this is a long-standing condition with episodes of impaired judgement and insight, and that Mr Murray has exhibited a reluctance to be treated with medication, largely because of his possibly treatment-induced dystonia.  In the circumstances, he recommends that in the interests of meeting Mr Murray's treatment needs and the protection of the community, a forensic order should be made.

1. Guided by the opinions of Dr Wood and Dr Grant I consider that a forensic order is required in this case.  I will order that Mr Murray be detained in the Redcliffe Caboolture District Authorised Mental Health Service.  I order limited community treatment, to commence immediately on the following conditions:

a)   That he reside at a stated address, or at a place approved in advance in writing by the authorised psychiatrist;

b)   That he attend all follow-up appointments and inpatient care as required by the authorised psychiatrist;

c)   That he comply with the requirements of the authorised psychiatrist in relation to the taking of prescribed medication and other treatment; and

d)   That he refrain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist.