Deceased
Nicholas Waterlow
Demographics
87y, male
Coroner
Decision ofDeputy State Coroner MacMahon
Date of death
2009-11-09
Finding date
2014-01-10
Cause of death
multiple stab wounds to the body inflicted by a known person
AI-generated summary
Nicholas Waterlow, aged 87, was killed by multiple stab wounds inflicted by a known person with untreated mental illness. The coroner found that ambiguities in the Mental Health Act 2007 may have hindered appropriate involuntary scheduling of the perpetrator, who had threatened the victim and exhibited signs of mental disorder. The case highlights the need for clearer legislative language regarding harm (including psychological harm to others) as grounds for mental health intervention. Clinicians involved in mental health assessment should understand that 'serious harm' in scheduling decisions should encompass emotional/psychological harm to others and harm from the mental illness itself, not just physical injury. Early recognition of risk through comprehensive assessment and engagement with community treatment orders may help prevent such tragedies.
AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.
Specialties
Error types
CORONER’S COURT Name of Deceased: Nicholas Waterlow File Number: 2009/473553 Hearing Dates: 18, 19, 21 & 22 February 2013 Location of Inquest: Coroners Court Glebe, NSW Date of Finding: 10 January 2014 Coroner: Magistrate P. A. MacMahon Deputy State Coroner Representations: Dr P Dwyer - Counsel Assisting.
Mr B Hull – St Vincent’s Hospital Mr J Morris – Dr P McGeorge Mr R Sergi – Nepean Blue Mountains Local Health District
Non-publication order made pursuant to Section 74(1)(b) Coroners Act 2009: Nil.
Findings made in accordance with Section 81(1) Coroners Act 2009: Nicholas Waterlow (born 30 August 1941) died on 9 November 2009 at 87 Clovelly Road Randwick in the State of New South Wales. The cause of his death was multiple stab wounds to the body inflicted on him by a known person.
Recommendations made in accordance with Section 82 (1) Coroners Act 2009: To the Minister for Health: That the NSW Government considers amending the Mental Health Act 2007 in order to:
Expressly state that in determining whether to schedule a mentally ill patient pursuant to s.14 (1)(a), the term ‘for the person’s own protection from serious harm, should be understood to include the harm caused by the mental illness itself.
Expressly state that in determining to schedule a mentally ill patient pursuant to s. 14(1)(a), the term for the protection of others from serious harm should be understood to include for the protection of others from serious emotional harm.
Delete reference to physical harm in s. 15(a) and (b) and to specify that the term for the persons own protection from serious harm, should be taken to include the harm caused by the mental illness itself, and the term for the protection of others form serious harm should be understood to include for the protection of others from serious emotional harm.
Ensure that there is no ambiguity in Part 1(1) of Schedule 1 as to the test that must be met before a patient is scheduled in accordance with the Act.
That NSW Health design and distribute an information booklet setting out advice (that includes an emphasis on the availability of community treatment orders) for families, carers and friends seeking to support persons suffering from a mental illness/disorder, who have been threatened by or are fearful of a person who may be suffering a mental illness/disorder.
Magistrate P A MacMahon Deputy State Coroner 10 January 2014
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