Re RWC

In this case, the defendant, who is charged with the murder of a police officer, is seeking to have a declaration of mental illness or incapacity made under the Mental Health Act 2000 (Qld). The defendant claims to have no memory of the offence and argues that his memory loss is genuine and not feigned. The prosecution, however, challenges the genuineness of the defendant’s memory loss, asserting that there is strong circumstantial evidence that the defendant fired the fatal shot. The defendant does not dispute the existence of this evidence but argues that it is not sufficient to prove his intent to commit the offence.

The legal issues before the court involved the interpretation of section 268 of the Mental Health Act 2000 (Qld), which sets out the circumstances in which a defendant may be found to be mentally ill or incapable of understanding proceedings or participating in their defence. Specifically, the court had to determine whether the term “offence” in section 268 refers only to the relevant physical act(s) and does not include the element of intent, and whether it is the role of the Mental Health Court to draw the inference of intent or whether that question should be determined by a jury. Additionally, the court had to decide whether the defendant had established that there was a reasonable doubt as to his intent to commit the offence, and whether that doubt existed as a consequence of his mental condition within the meaning of section 268(2).

The court found that the term “offence” in section 268 of the Mental Health Act 2000 (Qld) includes both the physical act and the requisite intent. The court also found that it was not the role of the Mental Health Court to draw the inference of intent but rather for a jury to determine. The court concluded that the defendant had not established that there was a reasonable doubt as to his intent to commit the offence, and that any doubt did not exist as a consequence of his mental condition. Accordingly, the court declined to make a declaration of mental illness or incapacity in relation to the defendant.

The court dismissed the defendant’s application for a declaration of mental illness or incapacity. The case will proceed to trial in the Supreme Court.