Disease of the Mind

1
Disease of the Mind

• In R v Falconer 1990 171 CLR 30, the High Court
  approved the following passage concerning the
  meaning of disease of the mind
• I do not think that a temporary disorder or
  disturbance of an otherwise healthy mind caused
  by external factors can properly be regarded as
  disease of the mind as that expression used in
  the MNaghtens Rules. As Lord Denning pointed
  out in Bratty v The Attorney General (Northern
  Ireland) 1963 AC 386, the major mental diseases
  or psychoses such as schizophrenia are clearly
  diseases of the mind. Moreover, physical diseases
  such as psychomotor epilepsy, and
  arteriosclerosis when they affect the soundness
  of the mental faculties should be regarded as
  diseases of the mind. Lord Denning considered
  that any mental disorder which has manifested
  itself in violence and is prone to recur as a
  disease of the mind.

2
'It's not her fault, she's sick' mother's cry
after family tragedy
                                                    
3
R v Walicki

• 25 year old single woman with no dependents
  living with her parents and five siblings in
  Revesby
• Developed affective and psychotic symptoms in
  2006 and was admitted to Banks House
• Treated with Risperidone injections and Cipramil
• CTO application from treating team opposed by
  family and her private psychiatrist
• Father held beliefs as a Scientologist, accepted
  some psychiatric input
• Relapse of illness in weeks leading up to index
  offence, unable to sleep, paranoid, panic
  attacks, labile and aggressive

4
R v Walicki

• Mother took her to see her psychiatrist on 5th
  July 2007
• Expressed fear that there was a bomb in the car
  park and beat her mother with her fists in toilet
  cubicle
• Psychiatrist took her to Gloria Jeans as she
  refused to enter office
• Sent home with family and advised to return when
  calms down
• Mother took her to GP who called psychiatrist for
  advice

5
R v Walicki

• On return home, stabbed and killed father,
  15-year old sister and attacked her mother with
  long-bladed knife
• Asked a neighbour Arent you the person taking
  me to Croatia?
• Irrational and aggressive outbursts after
  apprehension
• Where the f am I
• I dont want to be at the f hospital
• I just want a fing knife. I want more killing

6
R v Walicki

• Admitted to Long Bay Prison Hospital 2007
• Transferred to Bunya Unit, Cumberland Hospital
• Treated with Clozapine with partial effect
• Maintenance ECT required
• Mother and siblings remained supportive
• Found Not Guilty by reason of mental illness
  Grove J on 30 July 2008
• Further relapses of psychosis with delusions of
  reference, paranoid thinking, homicidal ideation
  and suicidal ideation
• Limited escorted ground leave provisions

7
Procedural Issues

• Special verdict of not guilty by reason of mental
  illness pursuant to section 38 of MH(CP)A 1990
• Remand in custody until order made under Section
  39
• Section 39 amended in 2004 to allow
• The person be detained in such place and such
  manner as the court thinks fit until released by
  due process of law or may make such other order
  (including an order releasing the person from
  custody, either unconditionally or subject to
  conditions) as the court considers appropriate
• Must not make an order for release unless
  satisfied that the safety of the person or any
  member of the public will not be seriously
  endangered by the persons release
• Minister for Health and Mental Health Review
  Tribunal notified of such orders
• Person is reviewed by MHRT as soon as practicable
  (Section 41) and then at least every 6 months
  (Section 43)

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9
R v Wienand

• 69-year-old single Caucasian pensioner living in
  DoH unit with female friend. Former bank employee
• Charged with armed robbery
• Caught bus to his local NAB branch in Bondi
  Junction with backpack, knife and note
• THIS IS A HOLD UP, I WANT MONEY, I HAVE A BOMB
  IN THE BAG AND A KNIFE

10
R v Wienand

• Held knife to service desk employee
• Went from teller to teller
• No getaway plan
• Told interviewing police
• This is an armed robbery right, Ill get ten
  years for this, wont I? If I dont, Ill do it
  again