Re Yates

[2005] QMHC 55

MENTAL HEALTH COURT

CITATION:

Re Yates [2005] QMHC 55

PARTIES:

REFERENCE BY THE DEFENDANT'S LEGAL REPRESENTATIVE IN RESPECT OF BRIAN KEITH YATES

PROCEEDING NO:

0045 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 not 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 permanently unfit for trial.

3.    The defendant is detained, pursuant to a forensic order, to the Cairns District and Area Authorised Mental Health Service.  More than overnight leave is approved, to commence immediately upon the following conditions: 

a)   That the defendant reside at the Tully Hospital, Medical Unit or at an address approved in advance in writing by the treating psychiatrist;

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

c)   That the defendant comply with the requirements of the treating psychiatrist in relation to the taking of prescribed medication and other treatment.

CATCHWORDS:

MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with rape – where evidence that the defendant has alcoholic amnesic syndrome or Korsakoff's psychosis – whether t defendant, at the time of the alleged offences, 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 defendant fit for trial – whether any unfitness of a permanent nature – whether forensic order required

Mental Health Act 2000 (Qld), Schedule 2

COUNSEL:

C Reid for the defendant
J Tate for the Director of Mental Health

S Vasta for the Director of Public Prosecutions

SOLICITORS:

Pohlmann & Spicer for the defendant
The Crown Solicitor for the Director of Mental Health

The Director of Public Prosecutions

1. HOLMES J:  Mr Yates is charged with rape allegedly committed on 22 October 2004.  He suffers from alcoholic amnesic syndrome or Korsakoff's psychosis.  It is a case in which there are some indications for a finding of unsoundness but it is clouded by his amnesia and the difficulty of getting any clear idea from him of what happened on the day in question.

1. On the whole, I am satisfied that the appropriate finding is a finding that he was not of unsound mind at the time that offence was allegedly committed but what is clear from the evidence of the psychiatrists is that he is permanently unfit for trial. 

1. A forensic order will enable some degree of supervision of his treatment needs.  He does still pose some risk in terms of sexual offending.  I will make a forensic order requiring his detention in the Cairns District and Area Authorised Mental Health Service.  I approve more than overnight leave to commence immediately upon the conditions set out in the submission from the Director of Mental Health: 

a)   That the defendant reside at the Tully Hospital, Medical Unit or at an address approved in advance in writing by the treating psychiatrist;

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

c)   That the defendant comply with the requirements of the treating psychiatrist in relation to the taking of prescribed medication and other treatment.