Re Penhallurick

[2005] QMHC 57

MENTAL HEALTH COURT

CITATION:

Re Penhallurick [2005] QMHC 57

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF ROBERT COLIN PENHALLURICK

PROCEEDING NO:

0101 of 2005

DELIVERED ON:

21 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

21 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 Bayside District Authorised Mental Health Service.

3.   Limited community treatment, in the nature of more than overnight limited community treatment, is to commence immediately on the following conditions:

a)   That the defendant 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;

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

e)   That he not drive a motor vehicle unless permitted to do so by the authorised psychiatrist; and

f)   That he not attend premises licensed to sell alcohol pursuant to the Liquor Act 1992 (Qld).

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with offences of threatening violence, assault and serious assault – whether the defendant was of unsound mind – whether a forensic order is required –  whether a forensic order should include a condition that the defendant not attend places licensed to sell alcohol

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 Penhallurick is charged with five counts of threatening violence, five of common assault and one of serious assault allegedly committed on 10 March 2005.  I am satisfied that he was of unsound mind at the time those offences were allegedly committed.  It is clear enough that a further forensic order is warranted.  The question is as to whether there ought to be an additional condition requiring that he not attend premises licensed to sell alcohol. 

1. The problem here is that Mr Penhallurick has been on a forensic order with the usual conditions previously. On this occasion it is alleged that he was drinking at a restaurant and bar although it is accepted that alcohol did not, in fact, contribute to the offence so as to preclude a finding of unsoundness pursuant to schedule 2 of the Mental Health Act 2000.

1. The Crown, I think, has some justice in its submission that the existing conditions do not seem to have kept Mr Penhallurick out of trouble.  I think that it is worthwhile, in the interests of protection of the community, to impose the additional condition to restrict, at least, the prospect that Mr Penhallurick will be drinking alcohol. 

1. Although it may be said that on this occasion intoxication did not feature in the offending to any extent it is nonetheless the case that he seems to have been drinking alcohol in breach of the existing forensic order.  The propensity to do that seems to me to increase the likelihood of re-offending. 

1. For those reasons I do propose to add the additional condition that he not attend premises licensed to sell alcohol so as to reduce the risk of the recurrence in the interests of community protection.

1. I order that Mr Penhallurick be detained in the Bayside District and Authorised Mental Health Service.  I approve limited community treatment, in the nature of more than overnight limited community treatment, to commence immediately on conditions:

a)   That Mr Penhallurick 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;

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

e)   That he not drive a motor vehicle unless permitted to do so by the authorised psychiatrist; and

f)   That he not attend premises licensed to sell alcohol pursuant to the Liquor Act 1992 (Qld).