› Supervision order – variation – release on licence – s 269P Criminal Law Consolidation Act 1935 (SA)
Criminal law
› Mental impairment
› Safety of the community as paramount consideration – s 269NI
Criminal law
› Post-custodial orders
› Release on licence – accompanied day leave – conditions – geographic radius limitation
Criminal law
› Mental impairment
› Matters to be considered – psychiatric reports – victim and next of kin report – s 269T
Quick Take
1Under s 269NI of the Criminal Law Consolidation Act 1935 (SA), the safety of the community is the paramount consideration when determining release or licence conditions for a person whose conduct is proved but who is not criminally responsible due to mental incompetence. That consideration outweighs the principle that restrictions on the defendant's freedom and autonomy be kept to a minimum.
2Before varying a licence, the court must be satisfied under s 269T(2)(ba), on the balance of probabilities, that the safety of the defendant or any member of the public will not be seriously endangered. It must also consider the psychiatric reports, the s 269Q annual report, the s 269R victims' report, and whether victims had reasonable notice.
3On the facts, consistent psychiatric evidence of improved mental state, a long record of incident-free leave, and a graded, closely supervised leave plan justified extending accompanied leave beyond the hospital grounds. Victim opposition and the defendant's limited insight were met by geographic limits rather than refusal, and completion of further psychological therapy was not required first.
