Under Part 8A of the Criminal Law Consolidation Act 1935 (SA), a finding of mental incompetence may be recorded by consent without empanelling a jury. Self-defence based on the accused's genuine belief is a 'subjective element' and cannot be raised at the trial of objective elements after mental incompetence is established. No alternative or lesser verdicts are available under s 269FB. The 'limiting term' under s 269O(2) is based on the head sentence, not the non-parole period. Where a non-custodial, non-supervisory penalty would have been appropriate, unconditional release is the appropriate disposition.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
5 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.