Re SAM - [2003] QMHC 3

MENTAL HEALTH COURT

CITATION:	Re SAM [2003] QMHC 003
PARTIES:	REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF SAM
PROCEEDING NO:	No 299 of 2002
DELIVERED ON:	6 June 2003
DELIVERED AT:	Brisbane
HEARING DATES:	25 March, 2 April 2003
JUDGE:	Wilson J
ASSISTING PSYCHIATRISTS:	Dr D A Grant Dr J F Wood
FINDINGS AND ORDERS:	*1. Finding 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. Order that the defendant be detained as a forensic patient in The Park – High Security Program for involuntary treatment and care; 3. Approval of limited community treatment in the nature of escorted leave on the grounds of the hospital on the following conditions: (i) that he remain under the escort of at least three health service staff members nominated by the authorised psychiatrist for the duration of the limited community treatment; and (ii) that for the purposes of the limited community treatment he comply with the directions of nominated staff member/s for the duration of the limited community treatment**
CATCHWORDS:	CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – INSANITY – GENERALLY – KNOWLEDGE AND UNDERSTANDING – where defendant charged with one count of entering a dwelling house with intent to commit an indictable offence with circumstances of aggravation and one count of murder – where defendant suffers from paranoid schizophrenia – where no evidence that defendant was intoxicated at the time of the alleged offences – where defendant responded to delusions in committing the alleged offences – whether at the time of the alleged offences the defendant was deprived by his illness of any of the capacities in s 27 Criminal Code 1899 (Qld) – where defendant washed blood off his hands, telephoned the police and was found lying in prone position immediately after the alleged offences – whether defendant was deprived of capacity to know that he ought not to do the act – whether defendant was deprived of capacity to control actions Criminal Code 1899 (Qld), s 27 Mental Health Act 2000 (Qld), schedule 2 Attorney-General (SA) v Brown [1960] AC 432, cited Doyle v Wicklow County Council [1974] IR 55, cited People (A-G) v Hayes, Central Criminal Court (Ireland), 30 November 1967, Henchy J, unreported, cited R v Falconer (1990) 171 CLR 30, considered R v Porter (1933) 55 CLR 182, cited Re B, Mental Health Tribunal, 3 November 1997, unreported, considered Re M’Naghten’s Case (1843) 10 Cl & Fin 200; 8 ER 718, considered Re W, Mental Health Tribunal, 14 October 1997, unreported, considered Sodeman v The King (1936) 55 CLR 192, cited Stapleton v The Queen (1952) 86 CLR 358, cited
COUNSEL:	B Devereaux for the defendant M Lehane for the Director of Public Prosecutions J Tate for the Director of Mental Health
SOLICITORS:	Legal Aid Queensland for the defendant The Director…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re SAM

Details

AGLC: Re SAM [2003] QMHC 3
Case: [2003] QMHC 3
Decision Date: 6 June 2003

CaseChat Overview and Summary

In the matter of Re SAM, the defendant was charged with one count of entering a dwelling house with intent to commit an indictable offence with circumstances of aggravation, and one count of murder. The court was required to determine whether the defendant, who suffered from paranoid schizophrenia, was deprived of any of the capacities in section 27 of the Criminal Code 1899 (Qld) at the time of the alleged offences. The defendant was found lying in a prone position immediately after the offences, having washed blood off his hands and telephoned the police. The issue before the court was whether the defendant was deprived of the capacity to know that he ought not to do the act or to control his actions due to his illness.

The court considered the evidence and concluded that the defendant was not deprived of the capacity to know that he ought not to do the act or to control his actions. The court found that the defendant's actions were driven by his delusions, but he was still able to understand the nature and quality of his acts and that they were wrong. The court held that the defendant's illness did not deprive him of the capacity to know that he ought not to do the act or to control his actions. Therefore, the court found the defendant guilty of the charges.

The court ordered that the defendant be detained in a mental health facility for treatment until he was no longer a risk to himself or others. The court also ordered that the defendant be subject to a supervision order for a period of five years after his release from the mental health facility. The court considered the defendant's mental health needs and the need to protect the community in making its orders.

Orders