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The Forum > General Discussion > It appears one can pretty much do as they like, provided they take their ILLEGAL drugs.

It appears one can pretty much do as they like, provided they take their ILLEGAL drugs.

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AJ Philips
rehctub,
I am glad you posted this item. It saves me doing so. I happen to live very close to where this incident took place and see the person said to be the "grandfather" of the 'murdered' children although I believe the definition of his relationship is a little stretched. He is supposed to be a preacher of some sort again a loose definition since he seems to spend a lot of time on poker machines in the local football club.
This women,because of her indigenous status, was afforded the accommodation of being assessed insane in a place called the "Mental Court"
This is not a court as we know it. It is not public and information is hidden from the public.
The court consists of one judge and two psychiatrists (government appointed and paid). On their advice the judge declares the defendant "Not fit to Plead" and commits the person to a secure hospital for an indefinite period.
There is a large two page outrage in the Sunday Mail today (7.5.17) calling for more disclosure of the procedures involved.
Posted by chrisgaff1000, Sunday, 7 May 2017 8:08:03 PM
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AJ Philips
rehctub,
cont.
What you say (AJ Philips) is a throwback to the dark ages where a plea of insanity did indeed culminate in what was called "Queens Pleasure" and meant incarceration in a secure psychiatric center for the rest of a persons life (which usually wasn't very long because of the drug regime}
This person was assessed by only two government psychiatrists whose qualifications would not be that great given the huge financial rewards in the public sector as opposed to the government pay.
Additionally there was the influence of the Aboriginal Legal Service (public funded) who would be pushing for a insanity plea since there are quite a few of their clients (murderers etc.) living free in the public domain thanks to insanity pleas and the involvement of the "Mental Court"
Today a 'committal; is general and the duration of incarceration is entirely up to the assessments of the clinical staff of the hospital. If and when they assess the person as being fit to live in the community (with care) they are released, given a pension and a new life and the public never know.
I have an indigenous murderer living next door to me undergoing a sex change program and being medicated daily by the Wuchopperen Health Service. He was declared unfit to plead after killing his male partner because he had no more money (stolen from his employer) to give him for drugs, grog and poker machine playing.
The "Mental Court" found his insanity to be directly attributed to his sexual identity confusion.
There are dozens of these released killers wandering the streets in Queensland and the public is none the wiser.
Posted by chrisgaff1000, Sunday, 7 May 2017 8:56:10 PM
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AJ Philips
rehctub
Cont.
Coming back to the marijuana induced psychosis that seems to be at the heart of this "Mental Court" decision,
any copper of the old school will tell you that:
"Intoxication is a complete defense to any crime" primarily because there is no deliberate intent to commit a crime.
This is why you always let drunks and drunken offenders sleep it off before you charge them with an offense.
If this woman was suffering from psychotic incident induced by habitual substance abuse and that was the forensic
state she was found in there is no possible chance of a conviction for murder.
It might be morally wrong but that is the law we live with.
It is up to the public to hound their MP's to change the way we allow the psychiatric culture rule our day to day lives.
Posted by chrisgaff1000, Sunday, 7 May 2017 9:30:10 PM
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chrisgaff1000,

Thank you for taking the time to explain.

Your explanation confirmed and enlarged what I have been told a number of times in the past and relating to different matters.

rehctub,

Thanks for posting the thread. It has given me things to think about.
Posted by leoj, Sunday, 7 May 2017 9:34:59 PM
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Hi there CHRISGAFF1000...

Surely they'd apply the standard 'Unfit to Plea', pursuant to the McNAGHTEN Rule, where the burden shifts from the Crown to the accused?
Being an indigenous individual, does she also enjoy the added protection(s) of the 'Annunga' Rules as well as the usual Judges Rules et al?

Queensland is a Codified State, not common law? I can only imagine the the noise emitting from Chambers occupied by those learned SC's and QC's as they argue the toss?
Posted by o sung wu, Sunday, 7 May 2017 9:35:52 PM
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o sung wu,
Hi ole matey.
I wasn't going to dig into the bone of the legalities herein involved.
A simple enlightenment of the structure of 'intent' as it applies to mental incompetency
and the "Mental Court" which has about the same or less credibility as the Family Law Court.
Just bought my wife a Lexus RX Hybrid for Birthday/Mothers Day and 40th Wedding Anniversary.
Putting up with a soldier/copper for more than 40 years I think she earned it.
Posted by chrisgaff1000, Sunday, 7 May 2017 9:55:12 PM
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