Re Scott

[2009] QMHC 13

MENTAL HEALTH COURT

CITATION:

Re Scott [2009] QMHC 13

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF MICHAEL PETER SCOTT

PROCEEDING NO:

No 047 of 2009

DELIVERED ON:

7 September 2009

DELIVERED AT:

Brisbane

HEARING DATES:

7 September 2009

JUDGE:

Ann Lyons J

ASSISTING PSYCHIATRISTS:

Dr J Lawrence
Dr E N McVie

FINDINGS AND ORDERS

1.   That at the time of the alleged offences on 25 August 2008 the subject of the references the defendant was suffering from unsoundness of mind as described in Schedule 2 of the Mental Health Act 2000 (Qld);

2.   That the defendant be detained as a forensic patient at The Park High Security Program Authorised Mental Health Service;

3.   Approval of limited community treatment confined to the grounds of The Park High Security Program Authorised Mental Health Service is approved at the discretion of the authorised psychiatrist, on the following conditions:

a)     That he remain under the escort of a health service staff member/s nominated by the authorised psychiatrist for the duration of the limited community treatment;

b)     For the purposes of the limited community treatment he comply with the directions of the nominated staff member/s for the duration of the limited community treatment; and

c)      That he not make contact, directly or indirectly, with the complainant, his spouse and dependants.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with attempted murder, unlawful wounding and entering premises and committing an indictable offence – whether the defendant was of unsound mind at the time of the offences

COUNSEL:

Mr J Briggs for the Defendant
Mr J Tate for the Director of Mental Health
Mr A Lossberg for the Director of Public Prosecutions

SOLICITORS:

Legal Aid Queensland for the Defendant
Crown Law for the Director of Mental Health
The Director of Public Prosecutions (Qld)

ANN LYONS J:

1. This is a reference by the Director of Mental Health in relation to Michael Scott.  Mr Scott is charged with three indictable offences, attempted murder, unlawful wounding and entering premises and committing an indictable offence.  All of these offences arose out of circumstances that occurred on the evening of 25 August 2008. 

1. It would seem that Mr Scott entered a video store that was being managed by the complainant. Mr Scott said to the complainant that the complainant had ruined his life and that he intended to kill him.  Mr Scott then stabbed the complainant at least twice in the back.  Whilst the complainant struggled with Mr Scott he managed to remove the knife and ran from the store. 

1. When interviewed by police, Mr Scott made a full admission of entering the store with the intent of killing the complainant.  As Dr Khoo stated in her report, the factual background would seem to be that, at the time, Mr Scott believed that the complainant, who was a friend, had spread rumours about him being a paedophile and he believed that as a result people did not talk to him and did not look at him.  He intended to kill the complainant because of the way people in the Wynnum area treated him.

1. As Dr Khoo states in her report, at the time of the offences it is clear that Mr Scott was in a highly agitated state.  He was intensely fearful for the lives of both himself and his mother.  He was depressed, despondent and suicidal, believing that he was trapped and that no one could help him.  He had unsuccessfully tried to take his own life by overdosing with what he considered to be a lethal dose of medication.  He attributed his suffering to the fixed belief that the complainant, his friend, had spread rumours about him, as well as providing information to the police that placed him and his mother at risk of being killed.  That is the background to those offences which occurred on 25 August.

1. There are several reports on the file.  It is clear that the report of Michelle Andrews, the neuro-psychologist indicates that Mr Scott has a full scale IQ of between 93 and 101 and has an average IQ.  However she indicates that Mr Scott has some difficulty with more complex or unstructured information, some impairment in memory as well as problems in coding information and in executive functioning.

1. Dr Mann’s report of 22 February and his oral evidence today indicates that he considers that Mr Scott has a diagnosis of schizophrenia of the paranoid type together with a major depression.  He does not consider there is any dispute of the facts but he is of the view that Mr Scott was deprived of the capacity to understand he ought not commit the attempted murder and other offences and that the attack arose out of these delusional beliefs.  There is no evidence of intoxication.  Dr Mann also indicates that against the diagnosis of schizophrenia there is a background of petit mal epilepsy as well as a agenesis of the corpus callosum. 

1. Dr Khoo in her report however has a different diagnosis and in her report she indicates that she believes Mr Scott has a delusional disorder of the persecutory type as well as some neuro-cognitive deficits.  As I have indicated, she believes that at the time of the offence Mr Scott was in a highly agitated state and she considers he was deprived of the capacity to know he ought not do the act.

1. In all of the circumstances, on the basis of that evidence and of the advice from the assisting psychiatrists, I am satisfied that Mr Scott was of unsound mind at the time he committed those offences on 25 August.  I consider he was deprived of the capacity to know he ought not do the act.

1. On the basis of the material currently before the Court it is clear that a forensic order is required.  Mr Scott still has some beliefs in relation to people in the Wynnum area believing he is a paedophile.  There is also some clear concerns about the need for continuing and ongoing treatment for Mr Scott.  There is also some concern about the risk to the victim and his family.

1. In all of the circumstances then I consider that a forensic order is required.  Accordingly, Mr Scott is to be detained in The Park High Security Program Authorised Mental Health Service.  There will be limited community treatment however it will be escorted and it will be at the discretion of the treating psychiatrist.  There will also be other conditions that are as set out in the submission from the Director of Mental Health.  There will also be an additional condition, Condition 3, that Mr Scott not contact the complainant and his spouse and his dependants. 

1. Accordingly then there will be orders in those terms and the conditions of the forensic order are as initialled by me and placed by the file.