R v Finn [2023] QSC 10

Date: 10 February 2023
Court: Supreme Court of Queensland
Judicial Officer: Applegarth J
Human Rights Act 2019 (Qld) Sections: ss 30, 37.
Rights Considered: Right to humane treatment when deprived of liberty; Right to health services.
Other Legislation: Corrective Services Act 2006 (Qld) ss 209, 211;
Keywords: Criminal Law and Corrective Services; Health, Mental Health

This matter concerned the sentencing of the defendant, an Afghanistan war-veteran who developed PTSD and other mental health issues after serving three tours of duty. The Court was concerned, after reading a psychologist’s sentencing report, about the failure of Queensland Corrective Services (QCS) to facilitate the defendant’s treatment and rehabilitation and uphold the defendant’s rights to access medical treatment.

The Court expressed strong views about how a “grateful nation” and the State of Queensland should treat distinguished veterans: at [15]. In particular, The Court stated it did not believe it should need to remind the QCS of its obligations under the Human Rights Act 2019 (Qld) to treat the defendant with humanity and his right to access health services without discrimination pursuant to section 30 and 37, respectively.

The Court declined to sentence the defendant in order to give the QCS an opportunity to respond to the concern’s outlined in the psychological report prepared for the defendant, and that an appropriate head sentence and parole eligibility date would depend on information the Court requested from the QCS.

Visit the judgment: R v Finn [2023] QSC 10