Legal issues in mental health

Abstract

Scenario: Wayne is a 25 year old forensic patient. He has been found not guilty by reason of mental illness of murder. The murder involved a particularly brutal killing of a funeral director who he thought was working with the devil. Wayne has now been granted leave under s 92 of the Mental Health Act 1990 (NSW) to attend the funeral of his mother. At the funeral, Wayne has a crisis and the local mental health team are summoned to attend. They have no information about Wayne. Wayne agrees to enter a small room with two of the team and they are trying to counsel him. Suddenly Wayne produces a knife and lunges at one of the workers but misses. Her colleague grabs Wayne and attempts to physically restrain him - Wayne begins to panic and struggles, he cuts the nurse who is trying to restrain him and makes good his escape. As Wayne is running away he looks over his shoulder to see if he is being followed and fails to notice that he has stumbled onto the roadway where he is hit by an oncoming truck, and killed instantly. Wayne's father is particularly upset that his only son should be killed whilst at the funeral of his wife and wants 'heads to roll'. Consider what, if any, legal issues arise from the above scenario. • What action should/would the police take? • What actions should/would the Health Care Complaints Commission take? • What actions could/would lawyers acting for Wayne's father take? • What do you think of the Mental Health Team's response?