Re Tae

[2004] QMHC 10

MENTAL HEALTH COURT

CITATION:

Re TAE [2004] QMHC 010

PARTIES:

REFERENCE BY THE DEFENDANT’S LEGAL REPRESENTATIVE IN RESPECT OF TAE

PROCEEDING NO:

0153 of 2003

DELIVERED ON:

5 May 2004

DELIVERED AT:

Brisbane

JUDGE:

ASSISTING PSYCHIATRISTS:

Wilson J

Dr J F Wood
Dr DA Grant

ORDER:

That TAE be detained as a forensic patient in the Townsville District and Area Network Authorised Mental Health Service for involuntary treatment and care;1)   

that there be limited community treatment in the form of escorted leave on and off the grounds of the hospital on the following conditions:2)   

(a) that it be at the discretion of the authorised psychiatrist;    

(b) that he remain under the escort of the Health Service staff member or members nominated by the authorised psychiatrist for the duration of the limited community treatment; and

(c) that for the purposes of that limited community treatment, he comply with the directions of the nominated staff member or members for its duration. 

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where the defendant has been charged with doing grievous bodily harm – where the defendant was suffering from unsoundness of mind - where the defendant has a propensity to wander off and is considered a danger to the community

Mental Health Act 2000, schedule 2

COUNSEL:

D Shephard for the defendant
B Isdale for the Director of Mental Health
R Pointing for the Department of Public Prosecutions

SOLICITORS:

Legal Aid Queensland for the defendant
The Crown Solicitor for the Director of Mental Health
Department of Public Prosecutions

1. WILSON J: TAE has been charged with doing grievous bodily harm on 23 May 2002. I am satisfied that at the time of the alleged offence he was suffering from unsoundness of mind as described in schedule 2 of the Mental Health Act 2000.

1. The defendant was born on 24 May 1951.  He is an indigenous man.  He suffers from dementia.  The likely cause of the dementia is chronic alcohol abuse, although it is possible that head injuries sustained in fights and a major subdural haematoma he experienced in 1998 may have also contributed to his cognitive impairment.

1. When the matter of his mental condition was referred to this Court, he was on remand in the Lotus Glen Correctional Centre.  Since then, he has been released on bail.  When the matter came before this Court in April, his whereabouts were not known.  Subsequently, he was located at Yarrabah.

1. At the time of the hearing today, I was informed that he was in the watch-house in Cairns having been arrested pursuant to a warrant for failure to appear.  I was informed further that the intention was to transfer him to the Lotus Glen Correctional Centre tomorrow.

1. While he has been on remand in the watch-house, he has twice been taken to the Cairns Base Hospital Emergency Section for assessment.  On neither occasion was he referred for psychiatric assessment. 

1. The evidence before the Court is that his condition is not going to get any better.  The offence with which he has been charged is a serious one; it involved a stabbing.  There is considerable risk to the community that if at large he will resume drinking and be a danger to members of the community.  And there is a considerable risk that, if he is not in a contained environment, he will simply leave whatever hospital or other institution he is in and go off wherever it suits him.

1. In the circumstances, a forensic order is clearly called for.  The Court has considered in some detail the appropriate placement for this defendant.  Having regard to his condition, as I have described it, and his propensity to wander off and to resume drinking, it is important that he be in a contained environment.

1. Enquiries were made of the Cairns Base Hospital and the Townsville Hospital as to facilities available.  In Cairns, there is a ward which, I am told, is generally locked.  It was not clear that this would provide any opportunity for him to be outside a high storey building.  The Townsville Hospital has modern mental health facilities including a medium secure unit.  However, presently, I am told, there are no beds available.

1. The only other options would seem to be The Park or the Prince Charles Hospital, both in the Brisbane District.  There are concerns at taking him away from the North Queensland environment with which he is familiar.

1. It is difficult to know where to place him but, in all of the circumstances, I am going to order that he be detained as a forensic patient in the Townsville District and Area Network Authorised Mental Health Service for involuntary treatment and care.  If the Director of Mental Health sees fit to transfer him to another authorised mental health service, whether because of the unavailability of beds or for other reasons, I trust that the Court's concern that he be contained will be given due consideration.

1. Then there is the issue of limited community treatment.  I am not persuaded that at this stage there ought to be any leave other than escorted leave.  Dr Woolridge, who examined the defendant, reported that very careful consideration would have to be given to what is an appropriate placement for him in all the circumstances.  He seemed to be recommending ultimately low level residential care in a rural environment.  This Court does not have information before it as to the availability of such facilities.

1. Further, it appears that the defendant has not received any psychiatric assessment or treatment other than the examination by Dr Woolridge in March 2003.  Since many months have passed, it is important that he be appropriately assessed before any steps are taken for his placement, albeit on conditions, in the community.  His placement in the community is one best left to the Mental Health Review Tribunal after a period of inpatient assessment and with the benefit of information as to the availability of appropriate facilities.

1. The limited community treatment which I am prepared to approve is: escorted leave on and off the grounds of the hospital on the following conditions:

1. that it be at the discretion of the authorised psychiatrist;

1. that he remain under the escort of the Health Service staff member or members nominated by the authorised psychiatrist for the duration of the limited community treatment; and

1. that for the purposes of that limited community treatment, he comply with the directions of the nominated staff member or members for its duration.

1. A copy of those reasons can be made available to the Authorised Mental Health Service as well, of course, as the parties at the bar table.