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Finding into death of David Mathew Smith

Deceased

David Mathew Smith

Demographics

32y, male

Date of death

2007-11-25

Finding date

2010-04-27

Cause of death

plastic bag asphyxia

AI-generated summary

David Mathew Smith, 32, died by plastic bag asphyxia on 25 November 2007. He had schizophrenia, chronic motor tic disorder, sexual paraphilia, and a history of explosive-making offences. He was subject to concurrent bail conditions and a Community Treatment Order requiring depot risperidone injections and forensic counselling. Smith rejected his mental illness diagnosis, refused antipsychotic medication, and experienced clinical depression in September 2007. Following an attempted suicide on 2 September, he was admitted involuntarily. On 22 November, his psychiatrist refused his plea to revert to oral medication, instead offering a conditional compromise that required attendance at clinic. Smith told his mother he preferred death to continued injections. He avoided three weeks of injections, then died four days after receiving his last dose. The coroner found that the dichotomy between concurrent criminal justice and mental health orders, combined with rigorous enforcement of medication compliance despite absent psychotic symptoms post-discharge, inappropriately pressured Smith and contributed materially to his suicide. The treating team, influenced by concerns about his sexual re-offending risk, imposed involuntary depot medication without evidence of ongoing psychosis or demonstrated connection between antipsychotics and his paraphilic behaviour.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.

Contributing factors

  • schizophrenia with poor insight and medication non-compliance
  • depression following involuntary depot antipsychotic commencement
  • concurrent criminal justice and mental health orders creating impossible compliance burden
  • inability to access oral antipsychotic medication as preferred alternative
  • threatened breach of bail conditions associated with mental health non-compliance
  • treating team's escalation to involuntary intramuscular medication despite absent psychotic symptoms
  • clinician focus on sexual re-offending risk rather than suicide risk in late November
  • refusal of psychiatrist to compromise on medication at final clinical contact on 22 November

Coroner's recommendations

  1. The Attorney General and the Minister for Mental Health consider the therapeutic appropriateness and the legal implications of imposing bail conditions which require compliance with a Community Treatment Order, or alternatively refer consideration of appropriate bail conditions for offenders subject to involuntary mental health orders to the Law Reform Commission for their consideration.
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