Begley, Re [2008] QMHC 2

MENTAL HEALTH COURT CITATION: Re Begley [2008] QMHC 002 PARTIES: REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF IAIN ALEXANDER BEGLEY PROCEEDING: No 163 of 2007 DELIVERED ON: 15 May 2008 DELIVERED AT: Brisbane HEARING DATE: 15 May 2008 JUDGE: Dutney J ASSISTING PSYCHIATRISTS: Dr E McVie Dr G Byrne FINDINGS AND ORDER: 1. The defendant was of unsound mind at the time of the commission of the offence; 2. A forensic order pursuant to Chapter 7, Part 7, Division 1, of the Mental Health Act 2000 be made; 3. A limited community treatment order approved. CATCHWORDS: MENTAL HEALTH – DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant charged with one count of attempting to unlawfully kill – where reporting psychiatrists agree that defendant was unsound of the mind at time of committing offence – whether defendant was of unsound mind at the relevant time – whether a forensic order should be made – whether a limited community treatment order should be made COUNSEL: Mr C Morgan for the defendant Mr J Tate for the Director of Mental Health Mr S Vasta for the Director of Public Prosecutions (Qld) SOLICITORS: Legal Aid for the defendant Crown Law for the Director of Mental Health The Director of Public Prosecutions (Qld) [1] DUTNEY J: The defendant is charged with one count of attempting to unlawfully kill on the 16th of December 2002. The evidence from the reporting psychiatrists supports a finding of unsoundness of mind at the time of the commission of the offence and no submission to the contrary has been made. Consequently I am satisfied that at the time of the commission of the offence the defendant was of unsound mind. [2] A forensic order is indicated both having regard to the facts of the case and to the reports received from the two psychiatrists. Accordingly I make a forensic order -- 1 of 2 -- 2 and approve limited community treatment in accordance with the submission made by the Director of Mental Health which I have signed and placed with the papers. -- 2 of 2 --