The Court made a three-year extended custody order under s 110 of the Criminal Law (Mental Impairment) Act 2023 (WA), finding to a high degree of probability that the respondent — an Aboriginal man with intellectual disability, FASD and schizophrenia who had been in custody for nearly 11 years on a non-serious offence — posed an unacceptable risk of committing serious offences of violence, sexual violence and child abduction, and that a community supervision order would not suffice given the very early stage of his community transition and the unanimous expert evidence that immediate full release would be unsafe.
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