Re RJB

[2002] QMHC 17

MENTAL HEALTH COURT

CITATION:

 Re RJB [2002] QMHC 017

PARTIES:

REFERENCE BY THE DISTRICT COURT IN RESPECT OF RJB

PROCEEDING NO:

 0026 of 2002

DELIVERED ON:

2 September 2002

DELIVERED AT:

Brisbane

HEARING DATE:

27 May 2002

JUDGE:

Wilson J

ASSISTING PSYCHIATRISTS:

Dr D A Grant
Dr J F Wood

FINDINGS AND ORDERS:

That the Court will hear evidence and receive submissions only on the defendant’s current fitness for trial

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with a series of offences allegedly committed on a particular date – where defendant’s mental condition at time of alleged offences referred to Mental Health Tribunal – where Mental Health Tribunal found defendant not suffering from unsoundness of mind and fit for trial – where defendant charged with other offences arising out of same facts and pleaded guilty – where sentencing judge referred the matter of the defendant’s mental condition to the Mental Health Court – whether Mental Health Court has jurisdiction to determine the reference

Mental Health Act 1974 (Qld) s 28D, s 29, s 33(1)
Mental Health Act 2000 (Qld) s 62, s 578

Re KMM [2002] QMHC, No 156 of 2002, 2 September 2002, followed.

COUNSEL:

B Devereaux for the defendant
C Heaton 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

1. WILSON J: RJB was charged with a number of offences all allegedly committed on 16 October 1999 - breaking and entering a dwelling house, assault occasioning bodily harm, three counts of going armed in public in such a manner as to cause fear, attempted arson, two counts of serious assault of a police officer, and two counts of causing wilful damage.

1. The matter of his mental condition was referred to the Mental Health Tribunal by his legal adviser under s 28D of the Mental Health Act 1974 (Qld). On 3 February 2000 the Tribunal found pursuant to s 33(1) of that Act that he was not suffering from unsoundness of mind at the time the alleged offences were committed and that he was fit for trial. It ordered that the proceedings be continued according to law against him in respect of the charges.

1. An indictment was subsequently presented charging him with the following offences arising out of the same facts: entering a dwelling house with a circumstance of aggravation, attempted arson, serious assault and going armed in public so as to cause fear. He was arraigned on the indictment before Britton DCJ in the District Court at Mt Isa on 28 May 2001, when he pleaded guilty.

1. A report dated 22 January 2001 by Dr F T Varghese, psychiatrist, was placed before His Honour. Dr Varghese expressed the opinion that the defendant suffered from paranoid schizophrenia, which had been present for several years, and that at the time of the offences the illness was of such a severity as to deprive him of the capacity to know he ought not to do the actions. Dr Varghese also cast doubt on the defendant’s fitness for trial.

1. Britton DCJ ordered that pleas of not guilty be entered and referred the matter of the defendant’s mental condition to the Mental Health Tribunal pursuant to s 29 of the Mental Health Act 1974. That reference is taken to be a reference to the Mental Health Court under s 62 of the Mental Health Act 2000 (Qld): see s 578 of the current Act.

1. For the reasons I gave in Re KMM [2002] QMHC, No 156 of 2002, 2 September 2002 which was heard at the same time as this matter, I consider that the Court can hear evidence and receive submissions on the defendant’s current fitness for trial, but not on his mental condition at the time of the alleged offences. I rule accordingly.