Urine thrown at staff
A YOUNG man with limited cognitive ability and a cocktail of substance abuse and mental health problems is accused of raping his underage girlfriend and breaching bail.
But despite multiple contacts with mental health services, a new Supreme Court judgment showed no major psychiatric disorder had ever been clearly diagnosed for the man.
The young man was also accused of throwing urine on two corrective services officers.
The man, named only as “WTD” in the judgment, has been hospitalised in Ipswich and Toowoomba in recent years.
Justice Peter Davis said the young man had “a prolonged unsettled period in custody during the early stages of his incarceration”.
Medical records showed WTD seemed aware he had been charged with rape but failed to appreciate the seriousness of his alleged offences.
“He appeared to minimise the gravity of his legal circumstances and insisted that the alleged victim consented to a sexual relationship,” a medical excerpt stated.
WTD’s alleged victim was under 16 years old.
The court heard WTD had “severe cognitive impairment” and “inability to inhibit his impulsive reactions”.
He also had attention deficit hyperactivity disorder and poly-substance abuse problems.
Justice Davis said the Crown correctly said WTD had a reoffending risk, especially of “reoffending against the complainant in the sexual charges”.
But Justice Davis said that risk would be ameliorated to an acceptable level, given the support he will receive.
His mother said the Public Guardian had approved her Darling Downs address as suitable for the son.
WTD was released into the care of his mother.