A man ordered to reside at Melbourne's secure psychiatric facility after he killed his mother says the hospital's smoking ban may cause his mental state to deteriorate.
The patient, who is allowed to leave the Thomas Embling facility unescorted during the day, on Tuesday lost his bid to have the no-smoking policy overturned on the grounds it breached his human rights.
In his submission to the Victorian Supreme Court, the 49-year-old said his mental health is fragile and withdrawing from smoking may cause a deterioration in his mental state.
The man was diagnosed with schizophrenia in 1982 and has been an involuntary patient at the hospital since 2000 after being found not guilty of murdering his mother in 1989, by reason of insanity.
He currently resides in a low-security unit of the Melbourne facility and has been allowed to leave the hospital grounds unescorted during the day since 2014 following an improvement in his mental state.
In his submission to the court, the man said he is addicted to smoking and the policy to make the hospital smoke-free meant he will only be able to smoke when he is outside the hospital, without psychological support.
Forensicare, in its submission to the court, said there is no expert psychiatric or medical basis for the man's concern his mental state would deteriorate.
Thomas Embling patients have access to nicotine replacement options, counselling and smoking cessation support specialists, Forensicare said.
Justice Peter Riordan dismissed the man's submission, saying a comprehensive smoking ban adopted after extensive consultation does not impact on the dignity of the hospital patients.
He acknowledged nicotine is "seriously addictive" and withdrawal symptoms are likely to be "distressing" but said the smoke-free policy was supported by nicotine replacement therapy and other treatments.
"The Smoke Free Policy is intended to be for the ultimate benefit of all the hospital's patients, including the plaintiff and staff," Justice Riordan said.
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