Re Robinson

[2005] QMHC 25

MENTAL HEALTH COURT

CITATION:

Re Robinson [2005] QMHC 025

PARTIES:

REFERENCE BY THE DEFENDANT'S LEGAL REPRESENTATIVE IN RESPECT OF BARRY ROBINSON

PROCEEDING NO:

0212 of 2004

DELIVERED ON:

5 August 2005

DELIVERED AT:

Brisbane

HEARING DATE:

5 August 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

In respect of two charges of arson allegedly committed on 27 February, there is a reasonable doubt the defendant committed those offences: The defendant is granted bail on his own undertaking in respect of those charges.1.   

At the time the offences, of one charge of arson on2.    27 February 2004 and one charge of arson on 13 June 2004, were committed the defendant was suffering from unsoundness of mind as defined in schedule 2 of the Mental Health Act 2000 (Qld).

The defendant is to be detained as a forensic patient at Princess Alexandra Hospital and District Authorised Mental Health Service for involuntary treatment and care.3.   

I approve limited community treatment in the nature of more than overnight limited community treatment to commence at the discretion of the authorised psychiatrist after appropriate assessment and treatment of the defendant, on the following conditions:4.   

That he reside at an address approved in advance in writing by the authorised psychiatrist;(a)        

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

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

That he abstain from using alcohol and illicit drugs and make himself available and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist;(d)       

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

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant is charged with three charges of arson – where defendant suffers from an intellectual disability and a major depressive disorder – where defendant subsequently made comments to the effect that he appreciated he had done wrong – whether defendant of unsound mind at the time the alleged offence occurred – whether defendant deprived of one or more of the capacities in s 27 of the Criminal Code – whether the defendant is fit for trial

Criminal Code 1899 (Qld), s 27

Mental Health Act 2000 (Qld), s 268, schedule 2

COUNSEL:

Ms C Morgan for the defendant
Mr J Tate for the Director of Mental Health

Ms C Kelly 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 Robinson is charged with three charges of arson on 27 February 2004 and one of arson on 13 June 2004.

1. As to the offences on 27 February 2004, Mr Robinson is alleged to have set a fire in Buranda, which destroyed that property and damaged two other properties in the same street. It seems to me that only one of those charges could ever be sustained and that is of the arson in respect of the first property. Accordingly, I inevitably have a reasonable doubt about the remaining two counts of arson in respect of the other properties pursuant to s 268 of the Mental Health Act 2000 and, in respect of those charges, it would not be proper for me to proceed. However, since it is clear that those charges are not sustainable, I will grant bail on them to Mr Robinson forthwith on his own undertaking, with the anticipation that the Crown will attend to those charges.

1. In respect of the remaining charge of arson on 27 February and on 13 June 2004, Doctors Heffernan and Kingswell have reported.  Both say that Mr Robinson was deprived, by a combination of his intellectual disability and his major depressive disorder at that time, of the capacity to understand that what he was doing was wrong.  There were some issues explored with them about Mr Robinson's making of an emergency call a week after the first fire and certain answers given in his record of interview which indicated some appreciation that he had done wrong.  I accept what both the doctors say, to the effect that a subsequent awareness of the wrongness of his actions, and to some extent a reconstruction of his thinking at the relevant time, is not inconsistent with the deprivation of the relevant capacity at the time of the offences.

1. I find that Mr Robinson was of unsound mind in respect of those charges pursuant to schedule 2, Mental Health Act 2000. He is, however, fit for trial on the other charges I have discussed, on which he has bail.

1. I will make a forensic order in respect of the two charges in respect of which the unsoundness of mind finding has been made.  Mr Robinson will be detained to the Princess Alexandra Hospital and District Authorised Mental Health Service.

1. I approve limited community treatment, to commence at the discretion of the authorised psychiatrist after appropriate assessment and treatment of Mr Robinson, on the conditions as set out in the submission from Mr Robinson's legal representative:

1.     That he reside at an address approved in advance in writing by the authorised psychiatrist;

2.     That he attend all follow-up appointments and in-patient care as required by the authorised psychiatrist;

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

4.     That he abstain from using alcohol and illicit drugs and make himself available and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist;

5.     That he not drive a motor vehicle unless permitted to do so by the authorised psychiatrist.