Egan, Re [2005] QMHC 43

MENTAL HEALTH COURT CITATION: Re Egan [2005] MHC 43 PARTIES: REFERENCE BY THE DIRECTOR OF MENTAL HEALTH IN RESPECT OF PAUL EDWARD EGAN PROCEEDING NO: 0096 of 2005 DELIVERED ON: 21 October 2005 DELIVERED AT: Brisbane HEARING DATE: 21 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 temporarily unfit for trial. 3. The defendant is detained, pursuant to a forensic order, to the Toowoomba District and Area Network Authorised Mental Health Service. 4. 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 of 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; c) That the defendant comply with the requirements of the treating psychiatrist in relation to the taking of prescribed medication and other treatment; d) That the defendant abstain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the treating psychiatrist; e) That the defendant 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– DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY – where defendant recharged with a fraud offence that had been withdrawn following a finding, by the Mental Health Court, in respect of the charge – where evidence that the defendant has a -- 1 of 3 -- 2 depressive condition and a borderline personality disorder – whether 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 of unsound mind at the time of the alleged offences – whether the defendant is fit for trial – whether any unfitness of a permanent nature – whether forensic order required Mental Health Act 2000 (Qld), Schedule 2 COUNSEL: S Ryan 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 Egan is charged with fraud on a date between 6 August 2000 and 20 April 2001. On 13 July 2004 this Court came to a conclusion that there was a reasonable doubt as to the commission of the offence which did not arise only because of any mental illness. A finding of unfitness, not of a permanent nature, was made and a forensic order was made. On 22 February 2005 the charge was withdrawn in the Toowoomba Magistrates Court. On 19 March 2005 Mr Egan was recharged. [2] There is some medical evidence from Dr Aghanwa and Dr McIntyre as to the nature of his illness which indicates that he suffers from a depressive condition as well as a borderline personality disorder. I am satisfied that the conclusion of reasonable doubt precluding a finding in respect of unsoundness already made should prevail and I have come to a similar conclusion. [3] The matter should continue according to law subject to a finding on the question of unfitness. I find that Mr Egan is temporarily unfit for trial and that a forensic order is warranted. I order that he be detained to the Toowoomba District and Area Network Authorised Mental Health Service. I approve limited community treatment to commence immediately on the conditions set out in the submission from the Director of Mental Health: a) That the defendant reside at a stated address or at an address, approved of 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; c) That the defendant comply with the requirements of the treating psychiatrist in relation to the taking of prescribed medication and other treatment; -- 2 of 3 -- 3 d) That the defendant abstain from using alcohol and illicit drugs and co-operate fully in random medical tests for those substances as required by the treating psychiatrist; e) That the defendant not drive a motor vehicle unless permitted to do so by the authorised psychiatrist. [5] I note for the record that because Mr Egan was originally before the Court in July 2004 there has already been in place a monitoring process in connection with the question of fitness for trial which lasted at least until February 2005. That may be a relevant factor to take into account in determining the ultimate length of the process of monitoring his condition. -- 3 of 3 --