An incapacity to control sexual instincts triggered by intoxication falls within s 23 of the Criminal Law (Sentencing) Act 1988 (SA); the section does not require the incapacity to be constant or permanent. Section 23(9) six-monthly Parole Board reviews commence immediately upon the making of a s 23(5) order, not upon expiry of any head sentence. The Court may adjourn a s 23(5) application pending further information about treatment availability while proceeding to sentence under s 23(6). Where a s 23(5) order is contemplated, it is inappropriate to fix a non-parole period.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.