Dooley, Re [2010] QMHC 12

MENTAL HEALTH COURT CITATION: Re Dooley [2010] QMHC 012 PARTIES: REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF MYRNA DOOLEY PROCEEDING: No 0036 of 2010 DELIVERED ON: 13 July 2010 DELIVERED AT: Brisbane HEARING DATE: 13 July 2010 JUDGE: Philippides J ASSISTING PSYCHIATRISTS: Dr F T Varghese Dr E N McVie FINDINGS AND ORDER: 1. That at the time of the alleged offences the subject of the reference the defendant was not of unsound mind as described in Schedule 2 of the Mental Health Act 2000; 2. That the defendant is unfit for trial and that unfitness is of a permanent nature; 3. That the defendant be detained as a forensic patient at the Toowoomba Authorised Mental Health Service. CATCHWORDS: MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with serious assault, wilful damage, unlawful use of a motor vehicle, driving under the influence of liquor, possession of tainted property and stealing – where defendant suffers from chronic schizophrenia and dementia – where defendant has history of substance abuse – where intoxication was a factor at the relevant times – whether defendant was of unsound mind as described in Schedule 2 of the Mental Health Act 2000 (Qld) – whether defendant is fit for trial Mental Health Act 2000 (Qld), Schedule 2 COUNSEL: C Morgan for the Defendant D Lang for the Director of Mental Health A Lossberg for the Director of Public Prosecutions (Qld) SOLICITORS: Legal Aid Queensland for the Defendant Crown Law for the Director of Mental Health The Director of Public Prosecutions (Qld) PHILIPPIDES J: [1] Ms Dooley is charged with serious assault and wilful damage on 18 June 2009. She is also charged with unlawful use of a motor vehicle and driving under the influence -- 1 of 2 -- 2 of liquor on 19 June 2009. There are also three charges relating to events on 20 June 2009. They are possession of tainted property, stealing, and wilful damage. [2] The material indicates that the defendant suffers from a chronic schizophrenic condition, in addition to a very significant dementia consequent on inhalant abuse. I note that the defendant has a substantial history of substance abuse. [3] The material indicates that intoxication was a factor at the relevant times, and that accordingly, the defendant cannot be afforded a defence of unsoundness of mind. I find that in relation to the charged offences, the defendant was not of unsound mind. [4] The material does indicate, however, that the defendant is not fit for trial. Dr Grant gave very clear evidence for his opinion as to the defendant’s unfitness for trial. I note that Dr Hannah, the treating psychiatrist, initially provided a contrary view that the defendant was fit for trial, although stating the matter to be a borderline one. [5] After considering Dr Grant's report, and after a further examination of the defendant, Dr Hannah is now also of the opinion that the defendant is permanently unfit for trial. She gave extensive oral evidence for reaching that opinion. [6] In the circumstances, the orders of the Court are that the defendant is not of unsound mind in relation to the charged offences; that the defendant is unfit for trial, and that unfitness is of a permanent nature. [7] Additionally, in relation to the question of a forensic order, it is quite apparent, given the ongoing extensive treatment needs of the defendant, the need to protect the community, and bearing in mind the nature of the offending, that a forensic order is required. [8] Because of the difficulties that have occurred in the past with absconding and relapse, it is appropriate that the defendant be detained to the Toowoomba Authorised Mental Health Service and reside as an inpatient at the medium secure unit of the Baillie Henderson Hospital. At this stage, no limited community treatment is approved. I order that a transcript of today's proceedings be provided to the treating team. -- 2 of 2 --