Capricorn Coast teen has charge dismissed on mental health grounds

A Capricorn Coast teenager who had “devilish thoughts” at the time of his alleged offending, has had a criminal charge dismissed.

A Capricorn Coast teenager has had a criminal charge dismissed on mental health grounds. Generic Picture: istock

A Capricorn Coast teenager has had a criminal charge dismissed after a magistrate ruled he was of unsound mind at the time of the alleged offence.

The 18-year-old, who by law cannot be named, appeared in Yeppoon Magistrates Court on January 19 facing one charge of contravening a domestic violence order.

Represented by solicitor Krissy Cummins, the teen applied to have the charge dismissed under the Mental Health Act, before Magistrate Grace Kahlert.

Police prosecutor Stacey Bain told Ms Kahlert the prosecution did not oppose the application.

After reading a mental health report, Ms Kahlert said she understood the teen was under the care of psychiatric services and the court heard he was also on a treatment authority.

Ms Cummins said the teen was residing with his father and also had support from his mother.

Before making her ruling, Ms Kahlert said she had read a “detailed report” from the court liaison service.

“The conclusion by the report writer was that (the teen) was not of sound mind at the time of the alleged offending on the 2nd of July,” Ms Kahlert said.

“The allegations of that offending are consistent with him being very unwell at the time.

“And he told police that, he told various people that he’d been hearing voices and having devilish thoughts, and hadn’t slept for several days prior to the alleged offending.

“And when he was admitted to hospital shortly afterwards, he was said to be acutely psychotic.”

Ms Kahlert said she accepted the teen was “very unwell” at the time of the alleged offending and he was “of unsound mind as defined in the code”.

“He was deprived of the capacity to know what he was doing,” Ms Kahlert said.

“So I find that the charge should be dismissed on that basis.

“And noting that I’m told that (the teen) has his family support - he’s very lucky he has good family support - and he’s also on a treatment authority now where he’s getting regular injections to manage his health, there’s no need for me to make any further orders.”