The appellant, an involuntary patient with schizophrenia, appealed a decision of the Consent and Capacity Board finding him incapable of consenting to treatment.
The appellant argued the Board applied the wrong legal test and made unreasonable findings regarding his risk of violence and appreciation of the treatment decision.
The Superior Court of Justice dismissed the appeal, finding the Board correctly applied the test from Starson v. Swayze and reasonably concluded that the appellant's condition prevented him from recognizing its manifestations and appreciating the consequences of his decision.
