The Supreme Court of Western Australia held that a custody order (rather than a community supervision order) must be made under s 46 of the Criminal Law (Mental Impairment) Act 2023 (WA) where the accused, found not guilty of murder by reason of mental impairment, cannot be safely managed in the community due to the absence of adequate wraparound support services, untested compliance with treatment outside custody, and the need for a graduated transition from secure settings. The Court set the limiting term at life imprisonment, holding that on the statutory assumptions required by s 50 (guilty plea assumed, mental impairment excluded), the objective seriousness of the murder left no basis for departing from the mandatory life sentence under s 279 of the Criminal Code. The Court acknowledged that making the custody order was contrary to the statutory principles of least restrictive treatment and best possible care, but was compelled by the paramount consideration of community protection and the absence of adequate hospital or declared place capacity in Western Australia.
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