Citation

Scott R. Australas. Psychiatry 2015; 23(4): 418-421.

Affiliation

Forensic Psychiatrist, High Security Inpatient Services, The Park Centre for Mental Health, Treatment and Research, Brisbane, QLD, Australia russ.scott@health.qld.gov.au.

Copyright

(Copyright © 2015, Royal Australian and New Zealand College of Psychiatrists, Publisher SAGE Publishing)

DOI

10.1177/1039856215590035

PMID

26129813

Abstract

OBJECTIVE: To review the case of an acutely psychotic person who was discharged into the care of a friend whom he killed later the same day, and to consider the reasoning of the High Court in the subsequent negligence action of the victim's relatives.

CONCLUSIONS: By a narrow interpretation, the High Court found that the exercise of the powers and duties in relation to the involuntary detention of a mentally ill person as prescribed by the Mental Health Act were inconsistent with a common law duty of care to another person or the relatives of another person.

Language: en