Re Palmer

[2011] QMHC 3

MENTAL HEALTH COURT

CITATION:

Re Matthew James Palmer [2011] QMHC 3

PARTIES:

REFERENCE BY THE DIRECTOR OF PUBLIC PROSECUTIONS IN RESPECT OF MATTHEW JAMES PALMER

PROCEEDING:

No 258 of 2010

DELIVERED ON:

08/02/2011

DELIVERED AT:

Brisbane

HEARING DATE:

08/02/2011

JUDGE:

Philippides J

ASSISTING PSYCHIATRISTS

Dr F T Varghese

Dr E N McVie

FINDINGS AND ORDER:

1. That at the time of the alleged offences the defendant was of unsound mind as described in Schedule 2 of the Mental Health Act 2000 (QLD);

2.    That the defendant be detained as a forensic patient in the Park High Secure Program Authorised Mental Health Service;

3.    Approval of limited community treatment to commence immediately on a graduated basis at the discretion of the authorised psychiatrist, confined to escorted leave on and off the grounds of the hospital on the conditions contained in the submission from the Director of Mental Health.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR CAPACITY – where defendant charged with attempted murder – where defendant charged with acts intended to maim, disfigure or disable – where defendant charged with wilful damage – where defendant suffers from bipolar disorder – whether the defendant was on unsound mind under Schedule 2 of the Mental Health Act.

COUNSEL:

CL Morgan for the defendant
J Tate for the Director of Mental Health
JD Finch for the Director of Public Prosecutions (Qld)

SOLICITORS:

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

PHILIPPIDES J:

1. Matthew James Palmer is charged with attempted murder, acts intended to maim, disfigure, disable and wilful damage.  The charges concern events that took place on 26 July 2010, when the defendant attacked his mother.  She was able to call for assistance.  When police arrived, they found the defendant naked and yelling incoherent statements.  The defendant's mother was found in a semi-conscious state with serious injuries.  It appears that the defendant had also punched a hole in the window of the residence where he and his mother were living, and attempted to dive through it, causing injuries to himself.

1. The defendant was arrested and restrained.  He was taken to hospital for treatment for his injuries and for a psychiatric assessment.  He required treatment in the High Secure Unit at The Park, where he has remained.  He has received treatment with antipsychotic and mood stabilising drugs.

1. The defendant was diagnosed by Dr Mann with bipolar disorder.  According to Dr Mann, at the time of the events in question, the defendant was suffering from a manic episode with psychotic features.  His mania was characterised by abnormally elevated mood with inflated self-esteem, decreased need for sleep, increased talkativeness, racing thoughts and psychomotor agitation.  His psychosis also included delusions and passivity phenomena.

1. Dr Mann also noted a differential diagnosis of schizophrenic disorder, bipolar-type, and also venlafaxine-induced mood disorder.

1. What is clear, however, is that there is undoubted evidence of a psychiatric illness with prominent mood disorder.  Dr Mann concluded that the defendant was deprived of both the capacity to know he ought not do the acts in question, and of the capacity to control his actions as a result of his mental illness.

1. The defendant was also seen by Dr Schramm.  He diagnosed mix affective state with psychotic features, occurring in an undiagnosed bipolar affective disorder.  He acknowledged the differential diagnoses of Dr Mann.  Those differences, of course, affect the nosology of the illness, and there is no question that the defendant was suffering from a mental illness.

1. Dr Schramm also agreed with Dr Mann in relation to the issues of deprivation of capacity, that is, that two capacities were affected, the capacity to know and the capacity to control, and that in respect of both capacities, there was a deprivation.

1. I note that both the reporting psychiatrists have considered the issue of intoxication, and that that is not a factor in the offending.

1. In the circumstances, I find that the defendant was of unsound mind in relation to the alleged offences.  It is clear, having regard to the serious nature of the events in question and the defendant's ongoing treatment needs and the need to protect the community, that a forensic order is warranted in the circumstances of the present case.

1. Accordingly, I order that the defendant be detained as a forensic patient in The Park High Secure Program Authorised Mental Health Service.  I approve limited community treatment to commence immediately on a graduated basis at the discretion of the authorised psychiatrist, confined to escorted leave on and off the grounds of the hospital on the conditions contained in the submission from the Director of Mental Health.

1. In reaching these findings and in making the orders, I have taken into account the victim impact statement that has been provided.