Re Wailu

[2005] QMHC 52

MENTAL HEALTH COURT

CITATION:

Re Wailu [2005] QMHC 52

PARTIES:

REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF SOLOMON WAILU

(NATHANIEL WAILU)

PROCEEDING NO:

0228 of 2004

DELIVERED ON:

13 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

13 October 2005

JUDGE:

ASSISTING PSYCHIATRISTS:

Holmes J

Dr J F Wood
Dr J M Lawrence

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 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 a place approved in advance in writing by the authorised psychiatrist;

b)    That he attend all follow-up appointments and inpatient care as required by the authorised psychiatrist;

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

d)    That he abstain from using illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist;

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 assault occasioning bodily harm – where evidence that defendant was suffering from psychosis – whether defendant, at the time of the alleged offences, 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 forensic order necessary

Criminal Code 1899 (Qld), s 27
Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

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

D Mackenzie 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 Wailu is charged with assault occasioning bodily harm on 13 September, 2004.  It is alleged that he punched a woman who was a co-resident in the same accommodation arrangement as he was in, for no obvious reason, except as part of a delusion in a psychotic episode.

1. I am satisfied that at the time he allegedly committed that offence, he was suffering from unsoundness of mind within the meaning of the Mental Health Act 2000 (Qld), Schedule 2. I am also satisfied for a number of reasons that a forensic order is warranted in this case. Those reasons are these: that Mr Wailu, as part of that delusional set of beliefs, indicated in September 2004 that he also had notions of saving his mother's life by stabbing her partner in the stomach. Mr Wailu does have some criminal history, including at least one incident of assault. What is more concerning is whether there is likely to be any repetition of an assault in any episode of psychosis and how serious that might be if there were any weapon to hand.

1. Other concerns are these: Mr Wailu has indicated that he has continued to smoke cannabis because he does not perceive it as causing any difficulty.  He has, in the past, indicated that he did not think he needed medication or had a mental illness. 

1. In the most recent report which is that of Dr Bruning dated 4 October, 2005; it is recorded that he has on two occasions, presented with re-emergence of psychotic symptoms during his contact with mental health services related to either discontinuation of anti-psychotic medication or indulgence in use of illicit drugs or both.

1. Another feature is this: that involuntary treatment orders do not seem to have been a complete answer to Mr Wailu's difficulties.  There has previously been the experience of revocation of an involuntary treatment order notwithstanding Dr Neillie's views and there is the other complicating factor of Mr Wailu's movements between Townsville and Mackay.

1. All of those things convince me that in order to ensure safety of the public and the treatment of Mr Wailu, it is necessary that he be placed on a forensic order. 

1. I find that Mr Wailu was of unsound mind within the meaning of the Mental Health Act at the time the offence was allegedly committed.  I am satisfied for the reasons I have given that a forensic order is necessary. 

1. Mr Wailu is detained in the Townsville District and Area Authorised Mental Health Service.  I order limited community treatment to commence immediately on the following conditions: 

a)   That Mr Wailu reside at (a stated address) or a place approved in advance in writing by the authorised psychiatrist;

b)   That he attend all follow-up appointments and inpatient care as required by the authorised psychiatrist;

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

d)   That he abstain from using illicit drugs and co-operate fully in random medical tests for those substances as required by the authorised psychiatrist;

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