The appellant, a forensic patient with schizophrenia, appealed a decision of the Consent and Capacity Board upholding his treating physician's finding that he was incapable of consenting to treatment with antipsychotic medication.
The appellant argued that his mutism during periods of deterioration did not equate to an inability to appreciate the reasonably foreseeable consequences of treatment decisions.
The Superior Court of Justice allowed the appeal, finding that the Board failed to analyze or address the appellant's central argument, rendering the reasons inadequate and preventing meaningful appellate review.
The Board's decision was quashed and the matter remitted for a rehearing.
