Download Forensic Patient Population in NSW

Psychiatric Defences in
Criminal Law
Dr Richard Furst
Consultant Forensic Psychiatrist
Level 8 Practice, Sydney
23rd February 2014
Common referrals








Section 32
Pre-sentence reports
Fitness
Mental Illness Defence
Substantial Impairment by Abnormality of
Mind
Self-defence
Provocation
Automatism
Section 32 & 33




Section 32 of MH(FP)A, 1990 requires
mental illness or ‘mental condition’ for which
treatment is available in a mental health
facility
Treatment plan that can be enforced by the
Court
Section 33 allows for diversion from criminal
justice system to psychiatric inpatient units
Need to be a ‘mentally ill person’ as per
Section 14 of the Mental Health Act 2007
and Section 16 of MHA 1990
Mentally Ill Person

a)
b)
c)
d)
e)
Mental illness means a condition that seriously
impairs, either temporarily or permanently, the
mental functioning of a person and is characterised
by the presence in the person of any one or more
of the following symptoms:
Delusions
Hallucinations
Serious disorder of thought form
A severe disturbance of mood
Sustained or repeated irrational behaviour
indicating the presence of any one or more of the
symptoms referred to in paragraphs (a) to (d)
Mentally Ill Person

a)
b)

A person is a mentally ill person if they are suffering
from a mental illness and there are reasonable
grounds for believing that care, treatment and
control of the person is necessary:
For the person’s own protection from serious harm,
or
For the protection of others from serious harm
In considering whether a person is a mentally ill
person, the continuing condition of the person,
including any likely deterioration of the person’s
condition and the likely effects of such deterioration,
are to be taken into account
Section 32

Common referrals
- Schizophrenia
- Bipolar Disorder
- Major Depression
- Intellectual Disability
- Dementia
- Anxiety Disorders
- Personality Disorders
- Alcohol and other drugs
Pre-sentence Reports



Majority of District Court matters plead
guilty
Psychiatric illness/condition relevant in
mitigation
Referral information:
– Letter of instruction
– Agreed Facts
– Criminal history – Bail Report
– Medical Records
Fitness Issues

At common law, a person is unfit to
stand trial for criminal offences if he or
she is:
1. Incapable of understanding the
nature or purpose of the proceedings
2. Incapable of communicating with
the Court or counsel for the purposes
of conducting the defence