Re Taylor

[2010] QMHC 3

MENTAL HEALTH COURT

CITATION:

Re Taylor [2010] QMHC 3

PARTIES:

REFERENCE BY THE DEFENDANT’S LEGAL ADVISER IN RESPECT OF MICHAEL AARON TAYLOR

PROCEEDING:

No 82 of 2009

DELIVERED ON:

16 February 2010

DELIVERED AT:

Brisbane

HEARING DATE:

16 February 2010

JUDGE:

Philippides J

ASSISTING PSYCHIATRISTS:

Dr F T Varghese
Dr E N McVie

FINDINGS AND ORDER:

1. That the defendant was not of unsound mind at the time of the alleged offences as described in Schedule 2 of the Mental Health Act 2000 (Qld);

2.    That the defendant is unfit for trial and that the unfitness is of a permanent nature;

3.    That the defendant be detained as a forensic patient in the Cairns Network Authorised Mental Health Service;

4.    That limited community treatment commence immediately at the discretion of the treating psychiatrist on the following conditions:

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

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

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

(d)     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; and

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

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with commit public nuisance, obstruct police officer, wilful damage of property, two counts of assaulting police officer, two counts of wilful damage of police property and enter premises and commit an indictable offence – where defendant suffers from an intellectual disability – whether the defendant was of unsound mind as defined in Schedule 2 of the Mental Health Act 2000 (Qld) at the time of those offences – whether a forensic order should be made

Schedule 2 of the Mental Health Act 2000 (Qld)

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)

1. PHILIPPIDES J:  Michael Aaron Taylor is charged with a number of offences.  He is charged with offences arising on 31 December 2008 which are commit public nuisance, obstruct police officer, wilful damage of property, two counts of assaulting a police officer and two counts of wilful damage of police property.  In addition, there are two charges for 12 January 2009, namely obstruct police officer and enter premises and commit an indictable offence.  Finally, there is a charge of possessing a dangerous drug on 14 July 2009.

1. I note that the defendant suffers from an intellectual disability and also has a history of alcohol and substance abuse.  The clinical evidence before the Court indicates that the defendant was not of unsound mind at the relevant time.  The material does indicate though that the defendant is unfit for trial as a result of his intellectual disability and that the unfitness is of a permanent nature.

1. The issue, which is a difficult one and has been described as a finely balanced one, concerns the question of whether a forensic order is required in the circumstances of this case.  I note the recommendation of the reporting doctor, Dr Fama, was that a forensic order was indicated.  I also note that, when the matter was previously before the Court, the assisting psychiatrists were both inclined to agree with that recommendation.

1. Certainly the question is one that turns on engagement in the support services available to Mr Taylor.  The matter was adjourned on the last occasion so that an update report could be obtained from the Department of Communities, Disability and Community Care Services.  That update report is now available and it indicates that there is a range of support services that has been made available to Mr Taylor.

1. However, the issue that has been highlighted by both the assisting psychiatrists is the need to ensure engagement is maintained and for that reason their advice is that a forensic order would be appropriate, at least in the short term to ensure that that engagement is built upon and that it is maintained.

1. I consider that there is merit in that view and that it is appropriate in the circumstances of this case to make a forensic order and to approve limited community treatment.

1. Accordingly, I order that the defendant be detained in the Cairns Network Authorised Mental Health Service.  I approve limited community treatment to commence immediately, at the discretion of the treating psychiatrist, on the six conditions contained in the submission from the defendant’s legal representative.

1. I direct that a copy of the transcript be provided to the treating service.