Disease of the Mind
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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”.
'It's not her fault, she's sick':
mother's cry after family tragedy
R v Walicki
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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
R v Walicki
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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’
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Mother took her to GP who called psychiatrist for
advice
R v Walicki
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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”
R v Walicki
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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
Procedural Issues
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1.
2.
3.
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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)
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’
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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”
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