The Function of the Assisting Psychiatrists in the Queensland Mental Health Court

Abstract

In Re Reid (unreported, Mental Health Court Qld, no 246 of 2006, 17 September 2007), the Mental Health Court heard submissions on behalf of the appellant, the Director of Public Prosecutions, and the Director of Mental Health that the expert evidence established that the appellant was of unsound mind at the time of an armed robbery.

Having accepted the views of the two assisting psychiatrists, who had expressed a view contrary to the submissions of counsel for all the parties, the Mental Health Court declined to conclude that the appellant had a defence of unsoundness of mind. On appeal (Reid v DPP (Qld) [2008] QCA 123), it was argued that there had been a denial of procedural fairness and that the assisting psychiatrists had expressed opinions inappropriately on the ultimate issue for determination by the Mental Health Court. It was also argued for the appellant that the decision of the Mental Health Court was unreasonable and contrary to the evidence. In dismissing the appeal, the Court of Appeal considered the function of assisting psychiatrists.

Key words:

• assisting psychiatrists
• expert evidence
• Mental Health Court

Notes

1. See also Hansen v DPP [2006] QCA 396; McDermott v The Director of Mental Health; ex parte A-G (Qld) [2007] QCA 51.

2. See, “Tailoring Justice for the Mentally Ill” (2008) 82(11) Law Institute Journal 27.