In the Matter of AG
[2022] VSC 534
•9 September 2022
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2022 0151
| In the Matter of Section 57 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 |
| In the Matter of an Application by AG |
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JUDGE: | PRIEST JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 9 September 2022 |
DATE OF ORDERS: | 9 September 2022 |
DATE OF JUDGMENT: | 9 September 2022 |
CASE MAY BE CITED AS: | In the Matter of AG |
MEDIUM NEUTRAL CITATION: | [2022] VSC 534 |
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CRIMINAL LAW — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 — Section 57 — Application for extended leave — Homicide — Paranoid schizophrenic — Applicable considerations — Extended leave granted.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Noonan | Victoria Legal Aid |
| For the Attorney-General | Ms J Greenham | Victorian Government Solicitor |
| For the Secretary, Department of Health | Ms S Pathan | Department of Health |
HIS HONOUR:
Introduction
On 29 September 2015, whilst floridly psychotic, ‘AG’ killed his mother. He was subsequently charged with murder.
Following a trial, on 12 October 2015 I found AG not guilty of his mother’s murder by reason of mental impairment. By virtue of s 23(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (‘the Act’), I declared that AG was liable to supervision under Part 5.
Later, on 2 December 2015, I made a supervision order concerning AG under s 26(1) of the Act. Under s 28, I set a nominal term of 25 years, commencing 29 September 2014. AG was admitted to Thomas Embling Hospital (‘TEH’) and has since remained there as a forensic patient.
AG has now made an application for extended leave under s 57(1)(a) of the Act. The application is supported by the Secretary to the Department of Health and the Attorney-General.
I will grant the application. As I will make clear, based on the evidence contained in the reports of Dr Elena Bhattacharya, dated 9 August 2022, Dr James Belshaw, dated 11 August 2022, and Joanna Karabatsos, also dated 11 August 2022, I am satisfied that AG presently does not present a serious danger to members of the public or to himself.
Statutory Framework
Pursuant to s 57(2) of the Act, the court may grant an application under sub-s (1) for extended leave ‘if satisfied on the evidence available that the safety of the forensic patient or forensic resident or members of the public will not be seriously endangered as a result of the forensic patient or forensic resident being allowed extended leave’.
Additionally, I am required to have regard to s 39(1) of the Act, which provides that in deciding whether to grant extended leave, ‘the court must apply the principle that restrictions on a person’s freedom and personal autonomy should be kept to the minimum consistent with the safety of the community’.
Section 40(1) also spells out a number of matters to which the court must have regard. They include the nature of the person’s mental impairment or other condition or disability; the relationship between the impairment, condition or disability and the offending conduct; whether the person is, or would if released be, likely to endanger themselves, another person, or other people generally because of his or her mental impairment; and the need to protect people from such danger.
Section 42 permits a family member or a victim to make a report to the court, which, under s 44(2), must file a copy with the court, and provide a copy to the applicant. As to that, I am satisfied on the basis of an affidavit of Julie Carpenter, an officer employed by the Office of Public Prosecutions, sworn 6 September 2022 (Exhibit A), that relevant victims have been notified.
Background
AG was born 16 April 1979. He was aged 35 years when his mother died, and is now aged 43 years.
I need not recount the circumstances of the killing. They are set out in my reasons finding AG not guilty of his mother’s murder.
It appears that AG began experiencing symptoms of psychotic illness when aged 30. He experienced an angel visiting him, and telling him that there was a special job for him if he wanted to become a prophet. When he was aged 32, the voice returned, and AG would stay up at night talking to it. Around this time, AG and a friend developed an idea for a mobile browser, but the venture floundered due to AG’s paranoia and delusions increasingly taking over.
By age 34, AG was constantly hearing multiple voices. At the time he believed these voices were angels and demons communicating with him, and Australian secret services monitoring him. The revelation that his girlfriend of two years was involved with other men caused his psychotic experiences and paranoia to further intensify. AG had to that point been abstinent from illicit substances for approximately seven years, but he began using cannabis and ecstasy in an attempt to self-medicate his symptoms.
Aged 35, AG became increasingly frightened that Australian secret services were going to imprison or kill him. At one stage, in April 2014, AG made his co-workers surround him in order to protect him from this risk. Following this incident, AG was taken to hospital by his parents. Due to the wait and AG’s agitation, they returned home, and AG was subsequently visited by a crisis and assessment team. AG was then diagnosed with drug-induced psychosis and referred to his area mental health service (‘AMHS’).
For the following six weeks or so, AG stopped working and stayed at his parents residence in Safety Beach, where he was visited about once a week by AMHS. AG was also prescribed antipsychotic medication. He stopped taking the medication, however, after three weeks, because of its physical side effects and his belief that the doctors were trying to poison him. Around this time, AG considered suicide. In July 2014, AMHS discharged AG from their care, despite concerns raised by AG’s general practitioner that AG continued to experience persecutory delusions.
In the weeks prior to the killing, AG’s psychotic symptoms intensified. He believed that he could communicate directly with God and that the Australian and American secret services were listening to these conversations. AG’s father was in regular contact with AG during this time, and it appeared that AG was ‘generally alright, but would occasionally say something that didn’t make any sense’. In the three days prior to the index offending, AG was kept awake ‘talking to demons’.
I note that, in a victim and family member report, dated 11 August 2022 (Exhibit E), AG’s father speaks of his devastation at the loss of his wife of forty years, and his shock at AG’s uncharacteristic violence. AG’s father states that, in the years since his wife’s death, he has learned a lot about mental illness, and has learned to live with the tragedy that his family suffered. He states that he has witnessed AG’s return to normality with treatment and prescription medication, and that he has enjoyed having him at the house during overnight leave. AG’s father fully supports his application for extended leave. He is confident that AG will make a successful return to the community, and is committed to working with AG’s treating team to ensure this.
The evidence
In satisfaction of s 40(2) of the Act, the Court was provided with the following reports:
· Dr Elena Bhattacharya dated 9 August 2022 (Exhibit B);
· Dr James Belshaw dated 11 August 2022 (Exhibit C); and
· Joanna Karabatsos dated 11 August 2022 (Exhibit D).
Dr Belshaw also gave viva voce evidence and was briefly cross-examined by counsel for the Attorney-General.
Dr Bhattacharya’s report
Dr Bhattacharya, a staff specialist in forensic psychiatry at Forensicare, works on the Jardine unit of the TEH and has been AG’s treating psychiatrist since 31 May 2021. She supports AG’s application for extended leave.
In custody following the index offence, AG was diagnosed with paranoid schizophrenia[1] and treatment was commenced. Initial treatment was only partially effective, with AG continuing to experience some psychotic symptoms. This resolved, however, following an adjustment of AG’s medication in May 2015. AG’s psychotic symptoms have remained in remission since.
[1]Drug induced psychosis was ruled out, however it was acknowledged that AG’s minor consumption of drugs prior to the index offending may have aggravated his mental illness.
On 2 December 2015, AG was admitted to TEH and placed in the Atherton acute unit. Due to his relatively stable disposition on antipsychotic medication, AG was able to transition to the Canning sub-acute unit two weeks later.
In September 2016, AG progressed to the Daintree rehabilitation unit, commenced psychological treatment, and reengaged with his family via supervised community leave. During that year, AG experienced a significant depressive episode and suicidal ideation, partly attributed to increasing insight into the index offence and his grief at the loss of his mother. AG’s mood improved with the use of antidepressant medication.
In January 2018, AG was transferred to the Jardine unit, which consists of semi-independent housing within TEH, but outside the secure perimeter. In October 2018, AG commenced taking unescorted day leave.
A few months later, in March 2019, AG disclosed that he had made a number of visits to a brothel while on unescorted leave, in deviation of his leave plan. As a result of this and against a background of problematic historical sexual behaviour,[2] AG was transferred to the Bass sub-acute unit within the secure perimeter of TEH for sexual risk assessment. In November 2020, following a comprehensive psychosexual assessment which deemed him to be a low risk of sexual violence,[3] AG returned to the Jardine unit, where he has remained since.
[2]That behaviour was a self-reported three-month sexual relationship in 2015 with a female nurse whilst in Port Phillip Prison, and an incident prior to the index offence in which AG removed the door handles from his van before engaging a sex worker, so that she would not steal his money and abscond.
[3]Dr Bhattacharya’s report, [55].
In February 2021, AG commenced overnight leave to his father’s residence at Safety Beach. Subsequently, in March 2021, this increased to two nights overnight leave per week, and three nights in August 2021. There have been no issues with his overnight leave.
From August 2021, AG commenced case management with the community treatment and transition (‘CTT’) team, and, in December 2021, commenced fortnightly online sessions with a community psychologist.
An incident occurred in July 2022, which demonstrated AG’s progress with conflict management and positive engagement with his treating team. AG held concerns regarding a co-patient, and raised them with his treating team. He subsequently participated in a mediation with his treating team and the co-patient, and demonstrated skills in advocating for himself, resolving conflict and maintaining relationships.
In Dr Bhattacharya’s opinion, AG’s mental state is stable, and his insight is very good:
[AG’s] insight was overall very good. He demonstrated a good understanding of the circumstances leading up to the index offence and the impact that his mental health deterioration had on this. He had a good understanding of his psychotic illness, and the need for supervision and concordance with medication in the future. He had a good understanding of his early warning signs, and what was required in order to stay well. [AG] expressed remorse for the offence and acknowledged the impact it had had on his family.[4]
[4]Ibid [100].
AG’s schizophrenic symptoms have markedly improved with medication, which AG currently self-administers.[5] AG’s psychotic symptoms have remained in remission since May 2015, with no existing delusions or hallucinations. Dr Bhattacharya notes that whilst some difficulties with motivation remain — poor motivation being a negative symptom of schizophrenia — AG has demonstrated willingness to engage in his treatment programme and motivation to maintain linkages in the community.
[5]Dr Bhattacharya reports that AG has been self-administering since February 2021 with no concerns.
According to Dr Bhattacharya, AG currently does not require any treatment for alcohol or drugs. He has remained abstinent from illicit substances for many years — all urine drug tests performed since the commencement of the CSO being negative — and there have been no recent concerns regarding alcohol or drug use.
AG has experienced significant weight issues, and reports that this does cause him to feel down at times. While regular encouragement was given to help him with weight loss attempts, this remained one area of his care that he struggled to take action on. He lost some weight over April-May 2022, however, and recently agreed to a community dietician referral.
Dr Bhattacharya reports that AG identifies his family as being an important part of his recovery, and his life. His primary family supports are his father and aunts (paternal and maternal). He also has a good relationship with his cousins and his father’s girlfriend.
In the community, AG enjoys spending time with his father working on vintage cars, attending vintage car shows, watching sports, fishing, playing piano, walking the dog and gardening. He also attends a community organisation for men in Dromana, three half days per week. Previously, AG participated in music and cooking groups, but these ceased following COVID-19. AG also previously volunteered at an opportunity shop in February 2021, but this stopped in 2022 due to his obesity and associated physical discomfort with standing for long periods.
As to his study and employment aspirations, AG has completed an online course on basic HTML through the John Hopkins University and plans to pursue further online courses on web development. In April 2022, AG sought employment teaching older people computer skills, but was unsuccessful due to the background check requirements. He now intends to make an income by selling t-shirts and guitars online.
Dr Bhattacharya reported that AG’s historical and clinical risk management assessment (‘HCR-20’) was updated in July 2022. On the basis of that assessment, Dr Bhattacharya concluded that AG has a high baseline risk for violence, due to historical risk factors; a moderate risk of violence in the medium to long-term, given his recent presentation and an evaluation of his likely circumstances transitioning into the community on extended leave; and a low risk of imminent violence, due to stability of clinical factors within the last six months. To contextualise these results, Dr Bhattacharya explained that:
Although the HCR-20 risk assessment indicated a moderate risk of future violence if he were to transition to the community, this serves to inform what further support may be required for him moving forward. In my opinion, this risk can be managed by adequate levels of supervision from CTT, compliance with psychotropic medication, and abstinence from illicit drugs. [AG] has good insight into the necessity of these and demonstrated consistency. Psychological work on his mental illness and early warning signs has equipped him with a good understanding of his condition.[6]
[6]Dr Bhattacharya’s report, [111].
Dr Bhattacharya explained why, in her opinion, AG no longer requires admission at TEH and is ready for extended leave in the community:
[AG] has built up and maintained good linkages in the community, including an NDIS support worker, Men’s Shed group activity, family connections, and considerations towards earning an income. He also continues to see a psychologist in the community on a fortnightly basis. Organised social and interpersonal activities may assist [AG] in keeping occupied and finding a sense of purpose, which would help reduce idle time and potential deterioration in mental state.
In summary, [AG] has remained stable in mental state, engages well with the treating team, and readily attends appointments with CTT. He has strong family support in the community, good community linkages, and a stable living arrangement.
There have been no recent concerns regarding drug or alcohol use, and urine drug screens have been consistently negative.
It is my opinion that [AG] no longer requires admission at TEH and is ready for Extended Leave in the community.
I believe that [AG] will not represent a serious endangerment to the community were he to return to full-time community living at his specified address. It should be noted that he will be required to continue regular contact with CTT case manager and consultant psychiatrist, reside at his current residential address, continue current doses of medication unless amended by CTT, and abstain from illicit substance use.[7]
Dr Belshaw’s report
[7]Ibid [112]–[116].
As I have indicated, Dr Belshaw, a consultant forensic psychiatrist at Forensicare, provided a report. Dr Belshaw also gave oral evidence, confirmatory of the matters canvassed in that report. He has been AG’s CTT psychiatrist since August 2021. The CTT team will be responsible for AG’s community supervision and treatment, should extended leave be granted. Dr Belshaw supports AG’s application for extended leave.
In his report, Dr Belshaw said that, in relation to visiting sex workers while on leave in 2018, AG reported that he was not aware of the TEH rules against this at the time, and believed that his transition from the Jardine unit to the Bass unit for sexual risk assessment was severe ‘punishment’ for his disclosure.
Dr Belshaw reported that, while AG was within the Bass sub-acute unit for assessment, his treating team also requested that he undergo further work to improve his insight into aggression,[8] coping skills, and engagement with the treating team. AG engaged with a psychologist to assist with reaching these goals, and upon his return to the Jardine unit his treating team observed that there had been a clear shift in attitude and willingness to work with them.
[8]With respect to aggression, Dr Belshaw observed that there is no documentation of overt aggression in AG’s clinical file, aside from an incident on 19 August 2019 (after the transfer to the sub-acute unit) when he yelled that he was not a rapist and slammed his fists on the table during a psychology assessment targeted at understating his risk of sexual violence or deviance.
The sexual risk assessment conducted while AG was within the Bass sub-acute unit found him to be a low risk of sexual violence. In preparation for the current application, the CTT team recommended that a further risk assessment be conducted, which was completed in June 2021. This assessment concluded that AG did not present with risk markers that are typically found in sexual offenders who sexually re-offend, including those at heightened risk of sexual re-offending; and that AG did not present with evidence of sexual deviance, nor a positive sexual offending history or problematic attitudes involving sexual violence. It was noted that, although an incident in which AG removed handles from the van he had driven whilst soliciting the use of sex workers was concerning, that occurred over 20 years ago and did not appear to have been repeated since.
In relation to substance abuse, Dr Belshaw noted that AG has completed several drug and alcohol rehabilitation courses in TEH and has a relapse prevention plan. AG has identified the ways in which how illicit drug use exacerbates the symptoms of his mental illness; states he has no intention or urges to resume any substance use; and is not in contact with any people who use substances.
Dr Belshaw agreed that AG has a diagnosis of schizophrenia, and suggested that this is now in sustained remission. Although AG also meets the criteria for mild alcohol use disorder, moderate cannabis use disorder, and moderate stimulant use disorder, these are now also in sustained remission.
With reference to AG’s depressive episode commencing in 2016, Dr Belshaw noted that while his medication was found to improve his mood at the time, his significant grief, poor sense of self, and poor motivation persisted despite treatment.[9] Near the end of 2019, AG’s antidepressant use was gradually reduced and ceased, with no impact on AG’s mood or mental state.
[9]Referring to the psychiatric annual court report of Dr Meredith Gray dated 23 May 2017.
According to Dr Belshaw, AG reports that his first priority is his mental and physical health, followed by his family and friends, and then generating income. AG commented that, were he to experience a command hallucination again, his medication, his understanding of schizophrenia, his symptoms and his understanding of the importance of seeking help would all support him to avoid a repetition of offending.
With regard to AG’s readiness to transition into the community on extended leave, Dr Belshaw noted that AG has had excellent attendance at CTT appointments; is cognisant of the expectations and proposed conditions of extended leave; and has consistently agreed to adhere to these. Further, Dr Belshaw noted that AG’s mental state and behaviour have remained stable, and he has demonstrated judgment and insight with respect to his plans upon return to full-time community living had improved.
AG’s primary support is his father, with whom he proposes to live with if granted extended leave. Dr Belshaw and the CTT team have visited AG’s father’s property and found it to be safe and appropriate for this purpose. AG’s father is aware of AG’s mental health issues; communicates with the treating teams regularly; and has been an active participant in AG’s recovery. Further, AG’s father knows how to reach Forensicare services should he become concerned about AG’s health or behaviour. In relation to his other community linkages, AG visits his aunts weekly; engages with a community psychologist fortnightly; engages with his National Disability Insurance Scheme (‘NDIS’) worker fortnightly; attends the men’s support organisation three times a week; and attends CTT appointments.
Dr Belshaw stated that AG reports that he is currently not interested in any romantic relationships:
He reflected that he did not want to ‘meet someone new and explain the offence’. He said that he had female acquaintances (long term friends) with whom he could spend time and if he ‘wanted sex I can just use a sex worker’.[10]
[10]Dr Belshaw’s report, [40].
As to risk, Dr Belshaw reported that AG’s profile of historical risk factors indicate a high baseline risk of violence. In Dr Belshaw’s view, however, there is a low risk for future violence should AG be granted extended leave:
In terms of recent, dynamic risk factors for violence, [AG] did not have any significant issues related to his insight, symptoms of a major mental disorder or treatment and supervision. In my opinion there was also no recent evidence of behavioural, cognitive, or affective instability. He had not expressed any recent overt, violent ideation or intent.
In assessing the future, dynamic risk management factors, I considered the eventuality that [AG] was granted a period of Extended Leave and began living at his father’s property in Safety Beach.
In such circumstances, I believe that he would have no issues with his access to mental health services (via the CTT), physical health services, or the stability of his living situation. There was evidence that he had reasonable access to personal and social support networks via his family members and the NDIS services. [AG] did have a history of employing maladaptive coping mechanisms when exposed to significant stress. Given the lack of stressors in his recent history, his future management of stress is difficult to predict; aside from accepting his statements that he will communicate with his family members and services involved in his care if he experiences any future changes to his mental state. In relation to evidence for him taking responsibility for maintaining a stable mental state in future, he appears to remain committed to complying with the prescribed medication, his attendance at CTT appointments has been excellent to date, and he voluntarily engages with a community psychologist.
I therefore believe that in the event [AG] was granted Extended leave his risk for future violence would be low.[11]
[11]Ibid [134]-[137].
Dr Belshaw observed that, during AG’s first exposure to increased independence on the Jardine Unit, staff noted his psychological needs and wider attitudinal issues had not been fully addressed, despite a stabilisation of his psychotic symptoms. Since that time, AG appears to have gradually accepted the need for more focused work to assist him to internally regulate his emotions and communicate more openly with those involved in his care. In Dr Belshaw’s opinion, AG’s resultant engagement with community linkages, uneventful progress during overnight leave to his discharge destination, and the increased realism of his recovery goals are all positive indications of his readiness for extended leave.
An appendix to Dr Belshaw’s report sets out, in accordance with s 57A of the Act, proposed conditions of extended leave:
1.That [AG] be under the supervision of the authorised psychiatrist of the Victorian Institute of Forensic Mental Health (VIFMH) or their delegate.
2.That [AG] resides at a location known and approved by the authorised psychiatrist of the VIFMH or their delegate.
3.That [AG] abides by the lawful directions of the authorised psychiatrist of the VIFMH or their delegate.
4.That [AG] complies with treatment, testing and attends appointments as directed by the authorised psychiatrist of the VIFMH or their delegate.
5.That [AG] abstains from the abuse of alcohol and the use of illicit drugs.
6.That [AG] not leave the State of Victoria without the written permission of the authorised psychiatrist of the VIFMH or their delegate. This includes overseas travel, which must be approved by the authorised psychiatrist or their delegate at VIFMH.
Ms Karabatsos’ report
Ms Karabatsos is a senior social worker at Forensicare. She commenced working as AG’s case manager in the CTT team in December 2021, and supports AG’s application for extended leave.
In Ms Karabatsos’ view, AG has made great gains during his time at TEH and engaged meaningfully and therapeutically with his treating teams. Since commencing with the CTT, AG has attended all scheduled appointments punctually; engaged with his case manager and consultant psychiatrists in all reviews; and has remained transparent with his previous and current experiences. AG also has the desire to continue his recovery journey and engagement with treating services.
With regard to personal goals on extended leave, AG has reported that he wishes to lose weight and increase his physical fitness, volunteer at community organisations, and obtain paid employment. The CTT team will continue to support AG with fulfilling these goals.
As to other supports in the community, Ms Karabatsos’ noted that AG is a participant of the NDIS and is currently supported by Linda Buffey from Joining the Dots[12] and Nina Maskiell from Candella.[13] If granted extended leave, Ms Karabatsos said, it is anticipated that AG may be allocated NDIS support workers who are more familiar with support services local to Safety Beach. CTT’s case manager will discuss this with his support workers ahead of AG’s NDIS plan renewal in September 2022.
[12]Joining the Dots provides support to participants residing in the Northern, Eastern, and Western suburbs of Melbourne.
[13]Candella specialises in assisting those with mental health and psychosocial disability to access the local community.
Should AG be granted extended leave, Ms Karabatsos recommends that:
· AG reside with his father at the property in Safety Beach;
· AG continue to engage with the CTT treating team, at a frequency directed by the clinicians;
· AG continue engaging with his current community supports, including his NDIS supports and psychologist; and
· AG follow the recommendations of his support workers in relation to other supports that may be of benefit to him, including a dietician and exercise physiologist, to assist him to fulfil his current goals.
AG has confirmed his understanding of the proposed conditions of extended leave. AG’s father is also agreeable to these conditions and will notify the CTT team of any breaches or concerns.
Analysis
It might be acknowledged that the offence which led to the applicant’s acquittal based on mental impairment was serious, and had grave consequences. The applicant, however, bears little (if any) moral culpability for his mother’s killing, being at the time floridly psychotic. His psychotic symptoms are now in remission. On the evidence, they will remain in remission so as long as he continues to take the prescribed anti-psychotic medication at an appropriate dosage. It has been seven years since the offending conduct, for the most part of which AG’s paranoid schizophrenia has been under control. I regard that extended period of remission as a cause for some optimism.
Nothing in the evidence leads me to the conclusion that AG poses any appreciable risk of endangering himself or others whilst he is appropriately medicated. As I have indicated, the burden of the expert opinion is that he does not pose a significant risk of endangering himself or others. In my view it would be capricious to reject the evidence of the experts — who may, in some ways, be better placed than is this court to make an assessment — that AG poses a low risk of future violence.
Although it may be true that AG will not have the same intensity of support in the community as might be expected in the Jardine Unit, a purpose of his being in the Jardine Unit is to prepare him for supervised release. Moreover, although the level of support might not be the same, the applicant will not be without support upon release. That available support will likely reveal any slide by the applicant into psychosis. And, as I have indicated, the evidence suggests that AG appears to have a well-developed insight into his condition.
The evidence demonstrates that AG’s paranoid schizophrenia is amenable to control by anti-psychotic medication, and, indeed, his psychosis has been in complete remission for an extended period of years. It appears that he poses a low risk of endangering himself or others if released into the community, so long as he maintains an appropriate dosage of medication. I am satisfied by the evidence that, in the community, he will have such supervision as will adequately monitor his condition, and as will provide a proper measure of protection to the community were AG to begin to relapse into florid mental illness. The safety of the community will not be appreciably deleteriously affected by AG being given the ‘freedom and personal autonomy’ afforded by the making of the orders sought.
Conclusion
Having regard to all of those matters, and being satisfied as required by s 57(2) of the Act, in my view it is appropriate to make an order granting extended leave to AG until 8 September 2023.
It is appropriate to make orders in the following terms:
1. [AG] be granted extended leave that he be absent from his place of custody up to and including 8 September 2023, subject to the following conditions, that:
(a) He be under the supervision of the authorised psychiatrist of the Victorian Institute of Forensic Mental Health (VIFMH) or his or her delegate;
(b) He complies with the lawful directions of the authorised psychiatrist of the VIFMH or his or her delegate;
(c) He complies with such treatment, testing, case management, medical and other appointments recommended by the authorised psychiatrist of the VIFMH or his or her delegate;
(d) He reside at an address approved by the authorised psychiatrist of the VIFMH or his or her delegate;
(e) He not leave the State of Victoria without the permission of the authorised psychiatrist of the VIFMH or his or her delegate;
(f) He abstain from the abuse of alcohol and from the use of illicit drugs.
2. Pursuant to s 75 of the Crimes (Mental Impairment and Unfitness to be Tried) Act1997, it is ordered that any information that might enable the applicant to be identified must not be published.
3. Reserve liberty to apply.
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