ANZAPPL ACT

ACT Branch of the Australian and New Zealand Association of Psychiatry, Psychology and Law (@ANZAPPL).

[ANZAPPL ACT @ANZAPPL_ACT]

Please join @ANZAPPL if you're interested in #mentalhealth, #forensic #psychology, #psychiatry & law. https://t.co/FS49AjArDl #psychlaw2015

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Speaking of conferences: next week we're off to beautiful Hobart for #ANZAPPL2018. https://t.co/o0iUh7X7gO

[Michael Chapman @mchapmanonline]

Still places available at event hosted by @PallCareACT and @ANZAPPL_ACT Sat 15/9 - important discussions of changes to #endoflife care in the #ACT https://t.co/AgGLRILzGz #palliativecare #AssistedDying

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We're holding a 1-day workshop with @PallCareACT on end of life care law & clinical practice in the ACT. Join us on Saturday 15 September to hear from experts in law, palliative care & mental health.

Info & rego here: https://t.co/GK9npmQN9I

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Interested in #law & #mentalhealth in Australia & New Zealand? Become a member of the ANZAPPL community today: https://t.co/jJ3QPHylTT

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The provisional program for #ANZAPPL2018 is now available! https://t.co/WxpAllvmEs

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Save the date: our 38th annual congress SINS OF THE PAST is in Hobart November 21 - 24. Info: https://t.co/KNCay7DiAv

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For #ANZAPPL members, a recording of Dr Walvisch's talk will be available soon on the ANZAPPL website. If you're not a member, join now for 2018! https://t.co/PIxhb9FybQ

[ANZAPPL ACT @ANZAPPL_ACT]

Dr Walvisch's recent article with Andrew Carroll on DPP v O'Neill (sentencing and personality disorders) available here: https://t.co/mGeO8hYyUh

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Walvisch: even if O'Neill is adopted, expert reports should still focus on personality disorders if relevant: provides court with crucial background information.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: In Vic and Qld, Verdins principles appear not to apply to personality disorders (DPP v O'Neill (2015) VR 395; R v Hayes [2010] QCA 96). O'Neill is problematic and has not been adopted uniformly (cf. DPP v CBF [2016] TASCCA 1; R v Rappel [2017] ACTSC 38).

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: community protection considerations usually operate to increase sentence, but can potentially can lessen sentences. Eg if evidence of compliance with treatment, or where treatment is more effective for risk reduction than imprisonment.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: courts also consider the need for community protection. Any discount from the 6 Verdins principles may be offset by an increase in the sentence due to risk of danger to community.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: beyond Verdins, need to also look at prospects of rehabilitation. Courts look at link between condition & offence, behaviour while awaiting trial, compliance with treatment, etc. Expert reports should address rehabilitative options, needs & risks.

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Walvisch: Sixth and final Verdins principle is that imprisonment may have a adverse effect on the mental health of the offender.

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Walvisch: MH professionals need to consider impact of proposed punishment on this specific offender. Provide evidence that offender will suffer a greater burden than others.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: need to consider the probable conditions under which the sentence will be served (eg protective custody, whether treatment may occur in MH environment, vulnerability in prison environment)

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: Fifth Verdins principle is that a sentence may be reduced if it would weigh more heavily because of offender's MH condition than on a person in normal health. Defence must establish effect of condition on experience of sentence, not just presence of condition itself.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: experts should assess whether offender is likely to understand a deterrent message and modify behaviour. Look at cognitive/reasoning capacities in particular.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: courts often look at connection between condition and offence, linked to level of moral culpability (looking backwards). Courts should also look forwards: impact of sentence on offender, given MH condition.

[ANZAPPL ACT @ANZAPPL_ACT]

Walvisch: Fourth Verdins principle is that MH condition may modify role of specific deterrence in sentencing. See Gok v R [2010] WASCA 185. Only relevant where MH condition undermines offender's capacity for punishment to influence behaviour.