In the matter of s35 Crimes (Mental Impairment and Unfitness to be Tried Act) 1997 In the matter of major review of: Derek Ernest Percy

Derek Ernest Percy was the subject of a major review under Section 35 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. The dispute centred on whether the court was satisfied that his release on a non-custodial supervision order would seriously endanger the safety of the public. Percy was currently detained in a prison. The court needed to determine if there was sufficient evidence to justify continuing his detention under custodial supervision.

The primary legal issue was whether the court was satisfied, based on the available evidence, that Percy's release would pose a serious risk to public safety. This involved assessing the credibility and weight of the evidence presented, including statements made by Percy and any potential connections to other crimes. The court had to consider not only the evidence directly related to Percy's fitness to be tried but also any broader implications for public safety if he were released.

In reaching its decision, the court noted that while there were newspaper speculations about Percy potentially committing additional killings, there was no substantive evidence to support these claims. The court gave little weight to these speculations and focused instead on the credible evidence. The court concluded that Percy's potential to pose a serious risk to the public was sufficiently demonstrated, leading to the confirmation of his detention under custodial supervision.

The court's final order confirmed the custodial supervision order, ensuring that Percy remained in prison.