Mental health law

Five-year restriction order imposed on alleged rapist found unfit to plead.

By Ciaran Joyce BL in Northern Ireland Crown Court, Smyth J No Comments Tags: ,

R v Y P [2012] NICC 2

(Crown Court of Northern Ireland, Judge Smyth, 18 January 2012)

Crown Court of Northern Ireland sentences 18 year old man to a 5 year restriction order after he is found to be unfit to plead to charge of rape of minor.

Sentencing –Rape of a child under 13 –contrary to Article 12(1) of the Sexual Offences (NI) Order 2008 – unfit to plead and a jury was empanelled to consider whether he had committed the act alleged – psychiatric reports ordered and considered – severe impairment of intellect, severe impairment of social functioning and some evidence of abnormally expressive aggression More

Unlawful detention under mental health legislation did not give rise to cause of action against tribunal.

By Mark Tottenham BL in Northern Ireland High Court, Stephens J No Comments Tags:

X v. Mental Health Review Tribunal [2012] NIQB 1
(High Court of Northern Ireland, Stephens J, 16 January 2012)

Northern Irish High Court refuses leave to bring proceedings against Mental Health Review Tribunal arising from period of six weeks unlawful detention.

Mental health law – action alleging negligence and false imprisonment – application for leave to bring proceedings against tribunal – Article 133 of the Mental Health (Northern Ireland) Order 1996 – applicant suffering from severe More

Patient with mental health disorder lawfully detained in Special Care Unit of hospital, notwithstanding revocation of detention order.

By Mark Tottenham BL in Peart J No Comments Tags: ,

P L v. Clinical Director of St Patrick’s Hospital [2012] IEHC 15
(High Court, Peart J, 24 January 2012)

High Court refuses judicial review of refusal of staff of to allow patient suffering from mental health disorder to leave Special Care Unit following revocation of order of detention. (Full text.)

Judicial review – application for declaration that hospital not permitted to refuse permission to leave Special Care Unit – involuntary detention in psychiatric institution, following period of voluntary More

Fitness to plead procedures found unconstitutional.

By Mark Tottenham BL in Hogan J No Comments Tags: , ,

B G v. Judge Murphy [2011] IEHC 445
(High Court, Hogan J, 8 December 2011)

High Court a) finds fitness to plead procedures unconstitutional, and b) grants a declaration that it would be unconstitutional for the Circuit Court to impose a sentence greater than the maximum sentence in the District Court, in the event that the applicant were found fit to plead in the Circuit Court and subsequently pleaded guilty. (Full text.)

Judicial review – charge of sexual assault – s. 2, Criminal Law (Rape) (Amendment) Act 1990 – fitness to plead – issue to be determined by Circuit Court – whether District Court had jurisdiction to determine matter – s. 4(3)(a) More

Doherty v. Quigley – HC – Damages for sexual abuse, psychological injury, Statute of Limitations

By Mark Tottenham BL in Ryan J No Comments Tags: , , ,

Doherty v. Quigley [2011] IEHC 361 (5 July 2011)

High Court (Ryan J): a) finds that the defendant committed acts of sexual assault on the plaintiff in the late 1980s and early 1990s; b) finds that the plaintiff was suffering from a psychological injury sufficient to stop time running for the purposes of the limitation period; c) assesses general damages in the sum of €400,000. (Full text.)

Sexual abuse – personal injuries claim – person of unsound mind – ss 48 and 48A, Statute of Limitations 1957 – whether acts of sexual abuse committed – whether plaintiff was person of unsound mind or under a disability – whether s 48A applied – alleged abuse by Irish dancing teacher – sexual contact from age of 12-13 – abuse in late 1980s and early 1990s – proceedings commenced in 2006 – criminal proceedings resulting in jury disagreements and subsequent nolle prosequi – psychiatric evidence – alleged personality disorder – dissociation – definition of psychological injury – whether the will to bring an action is substantially impaired – whether the ability to make a reasoned decision is substantially impaired – severe post-traumatic stress disorder – assessment of damages.

F.W. v. J.W. Charleton J. 18th December, 2009
J. O’C v. D.P.P., [2000] 3 I.R. 478
B. v. D.P.P. [1997] 3 I.R. 140
M. v. N. [2005] 4 I.R. 461

B G v. District Court Judge Murphy – HC – Judicial review, fitness for trial, return for trial in Circuit Court, constitutionality

By Mark Tottenham BL in Hogan J No Comments Tags: , , ,

B G v. District Court Judge Murphy [2011] IEHC 359 (20 September 2011)

High Court (Hogan J) holds that District Court judge was correct in her decision to send applicant forward to trial in Circuit Court to decide on fitness for trial, and adjourns issue of constitutionality of the statutory provisions for further determination. (Full text.)

Judicial review – fitness to stand trial – decision of District Court judge to return applicant to Circuit Court to decide on fitness for trial – charge of sexual assault – Criminal Law (Insanity) Act 2006 – whether applicant deprived of opportunity to plead guilty in District Court following summary disposal – whether District Court had jurisdiction to determine fitness for trial in charge for indictable offence – errors on face of court orders returning applicant for trial – constitutionality of statute.

Director of Public Prosecutions v. Hunt [2011] IEHC 56
Director of Public Prosecutions v. GG. [2009] IESC 127Director of Public Prosecutions v. GG. [2009] IESC 127
The State (Walsh) v. Maguire [1979] I.R. 372
The State (Coveney) v. Special Criminal Court [1982] I.L.R.M. 284

HSE v. M X – HC – Mental health, taking of blood tests without consent

By Mark Tottenham BL in MacMenamin J No Comments Tags:

HSE v. M X [2011] IEHC 326 (29 July 2011)

High Court (MacMenamin J) holds that the taking of blood tests from a person of unsound mind was lawful, despite her failure to give consent, and adjourns other issues for further consideration. (Full text.)

Person of unsound mind – application for court’s consent to medical treatment – taking of blood samples – requirement of samples to test for risk of potentially fatal infection – capacity to consent – interpretation of “treatment” in Mental Heath Act of 2001 – requirement of consent for treatment – section 57 of Act – statutory interpretation – whether act safeguarded defendant’s constitutional rights – whether defendant had capacity to instruct legal team – authorities from other jurisdictions.

In Re Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79
Shtukaturov v. Russia, [2010] E.C.H.R. 292
Winterwerp v. Netherlands [1979] 2 E.H.R.R. 387
Fitzpatrick v. F.K. [2009] 2 I.R. 7
North Western Health Board v. H.W. [2001] 3 I.R. 622
E.H. v. The Clinical Director of St. Vincent’s Hospital and Others [2009] 3 I.R. 774
Salinas de Gortari v. Smithwick [1999] 4 I.R. 223
Director of Public Prosecutions v. Gaffney [1987] I.R. 173
Attorney General v. X [1992] 1 I.R. 1
The State (C) v. Frawley [1976] 1 I.R. 365
Ryan v. The Attorney General [1965] I.R. 294
Croke v. Smith [1998] 1 I.R. 101
In Re Philip Clarke [1950] I.R. 235
E.H. v. The Clinical Director of St. Vincent’s Hospital & Ors. [2009] I.R. 774
Gooden v. St. Otteran’s Hospital (2001) [2005] 3 I.R. 617
T.O’D. v. Kennedy [2007] 3 I.R. 689
R. (on the application of Wilkinson) v. Broadmoor Hospital [2002] 1 W.L.R. 419
B. v. Croydon Health Authority [1995] Fam. 133
G.J. v. The Foundation Trust and Others [2010] 3 W.L.R. 840
Doyle v. Croke (Unreported, High Court, Costello J., 6th May, 1988)
R.T. v. Director of Central Mental Hospital [1995] 2 I.R. 65

DPP v. WB – Central Mental Hospital, not guilty by reason of insanity

By Mark Tottenham BL in Sheehan J No Comments Tags: ,

DPP v. WB [2011] IECCC 1 (Sheehan J, 7 April 2011)

High Court grants order that accused person is detained in Central Mental Hospital, having been found not guilty by reason of insanity. (Full text.)

Criminal law – verdict of not guilty by reason of insanity – detention in Central Mental Hospital – charge of aggravated sexual assault – s 3, Criminal Law (Insanity) Act 2006 – whether accused person suffering from mental disorder and in need of in-patient care or treatment – schizophrenia – discrepancy in protection afforded to patients detained under 2006 Act and those detained under Mental Health Act 2001.

Sweeney -v- Ballinteer Community School; Damages for bullying and harassment in the workplace.

By Mark Tottenham BL in Herbert J No Comments Tags: ,

Sweeney -v- Ballinteer Community School [2011] IEHC 131 (Herbert J, 24 March 2011)

High Court awards plaintiff damages in the sum of €88,625 to compensate for psychiatric injury arising from bullying and harassment in the workplace. (Full text.)

Bullying and harassment in the workplace – improper conduct – embarrassing member of school staff in front of parents – having member of staff followed by private investigator – anxiety disorder – depression – post traumatic stress disorder – foreseeability of injury to plaintiff by reason of bullying and harassment – vicarious liability of school authorities – aggravated damages.

Mullally v. Bus Éireann [1992] I.L.R.M. 722

Kelly v. Hennessy [1996] 1 I.L.R.M. 312

Quigley v. Complex Tooling and Moulding Limited [2009] I.R. 349

Matthews v. Kuwait Bechtel Corporation [1959] 2 Q.B. 57

Conway v. I.N.T.O. [1991] 2 I.R. 305

H. S. E. -v- O’B, Mental health, jurisdiction of court to intervene

By Mark Tottenham BL in Birmingham J No Comments Tags:

H. S. E. -v- O’B. (a person of unsound mind not so found) [2011] IEHC 73 (Birmingham J, 3 March 2011)

High Court holds that it has inherent jurisdiction to intervene to safeguard interests of an adult who lacked mental capacity to make decisions about his own welfare. (Full text.)

Application by HSE in relation to capacity of respondent – intellectual disability – impairment of social functioning – lacking mental capacity to make decisions about welfare, including financial matters – best interests of respondent – inherent jurisdiction of court – Article 40.3, Irish Constitution – Article 5, ECHR.

D.G. v. E.H.B.Eastern Health Board [1997] 3 I.R. 511

Hutchison Reid v. U.K. (Application No. 50272/99(2003) 37 E.H.R.R. 9 )

Winterwerp v. The Netherlands, (24th October, 1979, Application No. 6301/73)

Re F (Adult: Court’s Jurisdiction) [2000] 2 F.L.R. 512

Re S.A. (Vulnerable Adult with Capacity Marriage) [2006] F.L.R. 867

Re S. (Adult Patient) (Inherent Jurisdiction: Family life) [2002] EWHC 2278 (FAM) [2003] 1 F.L.R. 292

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