austlii:act/ACTCD/2025/5
General information, not legal advice.
ACTCD
2025-08-12
Coroner Archer, Coroner Jane
Original judgment source is linked above.
CORONER'S COURT OF THE AUSTRALIAN CAPITAL TERRITORY
CORONIAL LAW - death in care - pulmonary emphysema - whether issue with quality of care, treatment, and supervision - whether matter of public safety arises
Mental Health Act 2015 (ACT) ss 58-65
Crimes Act 1900 (ACT) s 309
Royal Commission into Victoria's Mental Health System (Final Report, March 2021)
(1) A coroner must hold an inquest into the manner and cause of death of a person who -
(i) dies in care or custody.
(1) A coroner holding an inquest must find, if possible -
(a) the identity of the deceased; and
(b) when and where the death happened; and
(c) the manner and cause of death; and
(d) in the case of the suspected death of a person - that the person has died.
(i) state whether a matter of public safety is found to arise in connection with the inquest or inquiry; and
(ii) if a matter of public safety is found to arise - comment on the matter;
Stanley Mcintyre - His Life and Mental Health History
Mr McIntyre has demonstrated a poor baseline functioning, usually with some form of psychotic symptoms, both as an in-patient and in the community. Mr McIntyre suffers from a co-morbid alcohol use disorder. > > Stanley is orientated and alert, but has no insight into his condition, initially he seemed to have little to no understanding of his situation including the fact that he is facing charges. > > In the community he has been passively accepting his depot injection, but his recent presentation suggests a relapse despite this, he currently lacks the capacity to make a choice regarding his treatment. > > In general Stanley presents as malodorous and profoundly thought disordered, and incontinence of urine. The consumer is tangential, with loose associations and flight of ideas. Stanley suffers from grandiose delusions, for example, he believes he is one of the psychiatrists working here or he is a Police officer.
(a) In January 1986, Stanley presented to the hospital with sudden chest pain and was diagnosed with pneumothorax (a collapsed lung). A left upper lobectomy (removal of the left upper lobe of the lung) was performed. Stanley had a normal recovery post-surgery and had good "air entry".
(b) In May 1998, a chest X-ray report stated that "the lungs show marked changes of obstructive airways disease but are otherwise clear". Subsequent chest X-ray reports in July 1999 stated the "chest was clear".
(c) In June 2019 and March 2020, Dr Appleton examined Stanley's chest and noted, on both occasions, "poor AE (air entry) but okay".
(d) In November 2020, Stanley presented to the then Calvary Hospital following a sudden collapse in public. A chest CT-scan showed:
Either massive bullous (air pocket) or there is complete collapse of the right upper lobe, with a bullous favoured, there is a very large gas containing structure at the right lung apex and no normal lung is seen there.
(e) A subsequent chest X-ray conducted during that presentation showed:
No pneumothorax. Marked bullous change within the right upper lobe and a few presumed peripheral paraseptal emphysematous lesions of the left lung and also within the right mid to lower zone. Increased bronchovesicular markings in the mid and lower zones consistent with COPD.
(f) On 11 May 2021, Dr Appleton diagnosed Stanley with COAD and prescribed Stanley Anora Ellipta inhaler medication. Dr Appleton noted "chest poor AE and wheeze".
Blood Pressure 143/81 mmHG > > Heart Rate 125 beats/m > > SPo2 92 % RA > > Temperature 36.8 > > Respiration rate 21 b/m
(a) The direct cause of death was pulmonary emphysema.
(b) Stanley's body showed signs of moderate decomposition changes, suggesting that he had been deceased for around one to two weeks prior to him being found.
(c) Both lungs showed very advanced pulmonary emphysematous damage, with the majority of the upper lobe of the right lung replaced with bullae (large pockets of air).
(d) Additionally, there were some naked eye changes in the lung, which would suggest a possible small tumour in the right lung and also possible pneumonia. This could not be confirmed on microscopy, given the state of the body.
(e) Toxicological testing of the tissues revealed a modest level of alcohol, all of which might have been the result of post-mortem generation of the substance.
(f) No other significant natural disease process of a type expected to cause sudden death was identified.
Hospital admission: 23 December 2020 to 19 January 2021
"bashing" him. 2. There is no evidence that an assault caused Stanley's fractured elbow. The medical records document that Stanley elbow fracture was caused by a fall at AMHU on 4 January 2021. The fall was witnessed by a clinician who recorded that Stanley had "tripped over crocs and landed on his left elbow with a head strike". The records show that Stanley required surgery but refused treatment while in hospital and following discharge into the community. 3. Stanley's elbow fracture was reviewed again by orthopaedic clinicians during the February 2021 admission discussed at [17]. It was again determined that he required surgery. On this occasion, an assessment was made that he lacked the capacity to consent to the surgery, and consent was obtained from the ACT Public Trustee and Guardianship. Stanley underwent surgery for his elbow fracture on 27 February 2021. The records indicate that surgery went well, and follow-up appointments with a fracture clinic were part of his discharge plan.
(a) Mr Stanley McIntyre died between 2 June 2021 and 22 June 2021 at unit 3 of 44 Elimatta Street in Reid in the Australian Capital Territory.
(b) The cause of Mr McIntyre's death was pulmonary emphysema.
(c) No matters of public safety arise in respect of his death.
I certify that the preceding sixty-nine [69] numbered paragraphs are a true copy of the Findings of his Honour Coroner Archer.