Under s 268(1) of the Mental Health Act 2000 (Qld), the Mental Health Court must not make a determination as to unsoundness of mind where the accused categorically denies committing the alleged offences, as this constitutes 'reasonable doubt' for the purposes of that section — a concept distinct from the criminal law standard of proof. The court must instead proceed to determine fitness for trial under s 270(1)(b). A treating psychiatrist's evidence in Mental Health Court proceedings may be given less weight than independent forensic psychiatric evidence where the treating psychiatrist has accepted the patient's self-report without forensic assessment, particularly where exaggeration or fabrication of symptoms is in issue. The nature of an appeal from the Mental Health Court (rehearing vs strict appeal) remains an open question.
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