The Court held that an extended custody order for 18 months was necessary under s 110(1) of the Criminal Law (Mental Impairment) Act 2023 (WA) where the respondent, found unfit to stand trial on seven counts of sexual penetration without consent, had treatment-resistant schizophrenia controlled only by oral clozapine, lacked insight into his illness, had stated he would cease medication if not mandated, and had recently experienced a relapse during attempted clozapine withdrawal. The Court found the risk of serious sexual offending against vulnerable women was unacceptable absent the structured environment and powers of a custody order, and that a community supervision order was insufficient because the respondent required a gradual, psychiatrist-supervised transition into the community that could not be achieved under such an order. The limiting term of 18 months reflected uncertainty about the respondent's stabilisation timeline and the expert recommendation of no less than six to twelve months of graduated community exposure.
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