Mental Health Act

Question 0

Explain section 32

Answer 0

At the commencement OR at any time during the course of the hearing it appears to the magistrate the defendant is OR was at the time of the offence i) developmentally disabled

ii) suffering from a mental illness or
iii) suffering from a mental condition for which treatment is available but is not a mentally ill person

Question 1

Explain Section 33

Answer 1

Applies to persons who are considered mentally ill at the time of the court matter

Question 2

Perry v Forbes and storey

Magistrate needs to know

Answer 2

• The circumstances surrounding the commission of the offence
• the mental condition of the DEF (medical report)
• a clear and effective treatment plan
• the plan must be likely to ensure that there would not be repetition of the incident or some other unfavorable incident
• prosecutor to tender facts, antecedents and any other relevant information
• s32 can be made at any time

Question 3

DPP v ALBON

Answer 3

S.32 need to have a sufficient treatment plan and it needs to address re offending
- to deal with under 32 must have regard to the facts

Question 4

DPP v SAMI EL MAWAS

Answer 4

Magistrate was entitled to hold no relevant relationship between the defendants mental condition and the offended.

Question 5

MINAGHTEN’S case (1843)

Answer 5

First branch
- As a result of the disease of the mind the accused was unable to appreciate the nature and quality of the act.
Second branch
- did not know the act was wrong (wrong as to the everyday standards of a reasonable person)

Question 6

S.33 (1) (a)

Answer 6

Detain in a mental health facility for assessment

Question 7

S33 (1) (b)

Answer 7

After the assessment the defendant is brought back to court