MAN WHO KILLED HIS MOTHER STABBING HER MULTIPLE TIMES IN 1988 NOW WANTS NON-CUSTODIAL SUPERVISION ORDER
A further major review of the custodial supervision order of RD [2020] VSC 788 (25 November 2020)
This is a major review of the custodial supervision determining whether varying the order to a non-custodial supervision order would seriously endanger the safety of “RD” or the members of the public.
Facts:
In March 1988, when he was 21 years old, RD killed his mother by stabbing her multiple times. He was under the influence of paranoid schizophrenia at the time. On 8 August 1989, he was found not guilty of murder on the grounds of insanity, and ordered to be detained until the Governor’s pleasure was known. On 19 April 1998, upon the commencement of Schedule 3 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, he was deemed to be subject to a custodial supervision order (‘CSO’) with a nominal term of 25 years, deemed to have run from the day on which the Governor’s Pleasure order was made. The nominal term has now expired.
In compliance with the Act, major reviews were conducted in this Court in 2014, 2016 and 2018. On each occasion, RD’s CSO was confirmed. On the latter occasion, RD was granted extended leave for a period of 12 months, commencing on 30 November 2018. The court granted a further period of 12 months’ extended leave on 27 November 20!9.
By virtue of the orders made on 30 November 2018, this matter is again before the Court for a further major review. Prior to the review, email communication to the Court from the Department of Health and Human Services indicated that the parties are agreed that the matter could be determined on the papers and that the appropriate outcome would be that the CSO to which RD is subject be varied to a non-custodial supervision order (‘NCSO’) on the conditions proposed by Dr Shannon Reid (‘Dr Reid’) in his report dated 14 October 2020.
Issue: Is varying the order to a non-custodial supervision order seriously endanger the safety of RD or members of the public?
Law:
- Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, s 35
Analysis:
The purpose of this major review is to determine whether RD can be released from his CSO. The Court is required to vary the CSO to a NCSO unless satisfied, based on the available evidence, that the safety of RD or the community will be seriously endangered as a result. The decision on this issue is to be informed by the cumulative considerations set out in s 40(1).
RD has an established diagnosis of schizophrenia, in remission since 2005. The commission of the index offence in 1988 was intrinsically linked to his illness. He has now been residing in the community for two years without any evidence of mental state deterioration or relapse of psychotic symptoms. He has remained compliant with medication, treatment and supervision, and there have been no significant incidents of concern. Therefore, it can be accepted that RD has demonstrated an ability to safely subsist in the community with appropriate supports. It is the expert evidence before the Court that, if RD were to transition to a NCSO, or be granted further extended leave, his risk of harm to himself and others would be low. It is submitted that the resources available to RD, including via Forensicare, the NAMHS (Northern Area Mental Health Service) and the NDIS (National Disability Insurance Scheme), are adequate to support him in the community on a NCSO whilst maintaining this low-risk profile.
Conclusion: The court is satisfied that RD and members of the public will not be seriously endangered as a result of RD’s CSO being varied to a NCSO on the conditions proposed by Dr Reid.
