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 M’Naghten’s 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 “Aren’t you the person taking me to Croatia?” • Irrational and aggressive outbursts after apprehension: • “Where the f… am I • …I don’t want to be at the f… hospital • …I just want a f…ing 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 person’s 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)

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, “I’ll get ten years for this, won’t I? If I don’t, I’ll do it again”