Re Vigh

[2005] QMHC 54

MENTAL HEALTH COURT

CITATION:

Re Vigh [2005] QMHC 54

PARTIES:

REFERENCE BY THE DEFENDANT'S LEGAL REPRESENTATIVE IN RESPECT OF JASON CHRISTOPHER VIGH

PROCEEDING NO:

0013 of 2005

DELIVERED ON:

19 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

19 October 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr D A Grant

FINDINGS AND ORDER:

1.   The defendant was of unsound mind as defined in the Mental Health Act 2000 (Qld), Schedule 2 at the time of the alleged offence.

2.   The defendant is detained, pursuant to a forensic order, to the Townsville District and Area Network Authorised Mental Health Service.

3.   Limited community treatment is to commence immediately on the following conditions:

a)     That the defendant reside at a stated address or at an address approved in advance in writing by the Authorised Psychiatrist;

b)     That he attend a stated appointment with a psychiatrist;

c)   That he attend all follow-up appointments and in-patient care as required by the Authorised Psychiatrist;

d)     That he comply with the requirements of the Authorised Psychiatrist in relation to the taking of prescribed medication and other treatment;

e)   That he refrain from using alcohol and illicit drugs; make himself available and co-operate fully in random medical tests for those substances as required by the Authorised Psychiatrist; and

f)   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 assault occasioning bodily harm – where psychiatric opinion to the effect that the defendant was of unsound mind – whether the defendant, at the time of the alleged offence, was deprived of the capacity to understand what he was doing, or the capacity of control, or the capacity to know that he ought not to do the act pursuant to the Criminal Code, s 27 – whether the defendant of unsound mind – whether a forensic order required

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

D Shepherd for the defendant
J Tate for the Director of Mental Health

S Vasta for the Director of Public Prosecutions

SOLICITORS:

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

The Director of Public Prosecutions

1. HOLMES J:  Mr Vigh is charged with assault occasioning bodily harm allegedly committed on 18 August 2003.  I am satisfied that he was of unsound mind within the meaning of the Mental Health Act 2000 (Qld), Schedule 2, at the time that offence was allegedly committed. I am also satisfied that a forensic order is required primarily for the purposes of addressing Mr Vigh's treatment needs. I order that Mr Vigh be detained to the Townsville District and Area Network Authorised Mental Health Service. I order that he receive limited community treatment to commence immediately on these conditions:

a)   That the defendant reside at a stated address or at an address approved in advance in writing by the Authorised Psychiatrist;

b)   That he attend a stated appointment with a psychiatrist;

c)   That he attend all follow-up appointments and inpatient care as required by the Authorised Psychiatrist;

d)   That he comply with the requirements of the Authorised Psychiatrist in relation to the taking of prescribed medication and other treatment;

e)   That he refrain from using alcohol and illicit drugs; make himself available and co-operate fully in random medical tests for those substances as required by the Authorised Psychiatrist; and

f)   That he not drive a motor vehicle unless permitted to do so by the Authorised Psychiatrist.