SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v STEELE (No 5)
[2016] SASC 6
Reasons for Decision of The Honourable Justice Gray
8 February 2016
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - MENTAL HEALTH, HOSPITAL SECURITY ORDERS, ETC - REVIEW
Application to vary the terms of a licence pursuant to section 269P of the Criminal Law Consolidation Act 1935 (SA). Applicant found not guilty of the offence of murder on the basis that he was not mentally competent to commit the offence. The applicant has been diagnosed with schizophrenia and is subject to supervision under Part 8A of the Act. The applicant has been successfully following a transition plan put in place by his treating psychiatrist and has applied to progress to the next stage of the transition plan, which involves unaccompanied leave from Ashton House.
Held (granting the application in part):
1. The applicant’s rehabilitation is progressing well.
2. The applicant now poses a low risk to the community.
3. The applicant should be able to cope with a managed program of graduated unaccompanied leave and the implementation of such a program should have a positive impact on his behaviour.
4. The applicant’s outings should remain subject to some geographical restrictions to avoid inadvertent contact with the victim’s family.
5. Given the seriousness of the applicant’s conduct and diagnosis, he should not be discharged from James Nash House without a further order of from this Court.
6. It remains appropriate for the police and victim’s family to be informed of the applicant’s activity plan.
7. It is otherwise appropriate for the applicant to progress to the next stage of his transition plan.
Criminal Law Consolidation Act 1935 (SA) s 269O, s 269P and s 269T, referred to.
R v Steele [2012] SASC 55; R v Steele (No 2) [2012] SASC 162; R v Steele (No 3) [2013] SASC 191; R v Steele (No 4) [2014] SASC 205, considered.
R v STEELE (No 5)
[2016] SASC 6Criminal
GRAY J.
This is an application to vary a supervision order and conditions of a release on licence pursuant to section 269P of the Criminal Law Consolidation Act 1935 (SA).
On 17 December 2015, subject to a number of qualifications discussed below, I made an order varying the supervision order and conditions of licence in respect of the defendant and applicant, Matthew Robert Steele, to allow him to progress to the next stages of his transition plan. My reasons follow.
Background
In 2006, the defendant attacked and killed Umberto Crisante with a hammer. The defendant pleaded not guilty to the offence of murder on the basis that he was not mentally competent to commit the offence. Following his detention in James Nash House, a secure mental health facility, the defendant was diagnosed with schizophrenia. On 21 May 2008, I recorded findings that the objective elements of the offence were proved beyond reasonable doubt but that the defendant was not guilty on the grounds of…
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- AGLC
- R v Steele (No 5) [2016] SASC 6
- Case
- [2016] SASC 6
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether Steele should be allowed to progress to the next stages of his transition plan, specifically unaccompanied leave from Ashton House, and whether certain geographical restrictions should be relaxed. The Court considered the nature of Steele's mental impairment, the risk he posed to the community, the adequacy of resources for his treatment and support in the community, and whether he was likely to comply with the conditions of a licence. The Court also had to consider the reports of three psychiatrists, the most recent report by the Minister, and the report on the attitudes of victims and next of kin.
The Court found that Steele's condition was serious, but his rehabilitation was progressing well. He had been described as a model patient and was fully cooperative with his treatment. The risk he now posed to the community was low, and there were adequate resources available to support his ongoing rehabilitation. The evidence established that Steele should be able to cope with a managed program of graduated unaccompanied leave, which should have a positive impact on his behaviour. The Court also considered the submissions of the victim's family, who did not oppose Steele being allowed unaccompanied leave from Ashton House and a degree of relaxation of his geographical restrictions, but were concerned that some of the existing restrictions remain in place.
The Court allowed in part Steele's application to vary his supervision order and the conditions of his licence. Steele was permitted to commence unaccompanied leaves from Ashton House in accordance with stages five and six of his transition plan. He would continue to spend up to five nights per week at Ashton House. The Court also considered it appropriate for Steele to be limited to attending the local library on two set days per week to avoid any inadvertent contact between Steele and the victim's family. The victim's family and police should continue to be informed of Steele's activity plan, but the plan need not detail the time of the activity. The date and location of that activity would be sufficient. The Court did not consider it appropriate for Steele to be discharged from James Nash House without a further order from the Court. Steele was also not permitted to attend the shopping centre frequented by the victim's family – there was another nearby shopping centre which he could visit instead.
The Court's decision was based on a careful consideration of the relevant statutory provisions and the psychiatric evidence. The Court was satisfied that Steele's rehabilitation was progressing well, and that he should be supported in his rehabilitation with a view to his eventual reintegration into the community as a functional member of society. However, the Court was mindful of the need to carefully manage Steele's rehabilitation to ensure that the community was appropriately protected.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GRAY J
At the hearing, counsel for the victim’s family submitted that, after having the opportunity to further consider the matter, the family did not oppose the defendant being allowed unaccompanied leave from Ashton House and a degree of relaxation of his geographical restrictions. However, they were concerned that some of the existing geographical restrictions, for example on the shopping centre and library they frequent, remain in place. Consideration Section 269T of the Criminal Law Consolidation Act provides:Matters to which court is to have regard(1) In deciding proceedings under this Division, the court should have regard to—(a) the nature of the defendant's mental impairment; and(b) whether the defendant is, or would if released be, likely to endanger another person, or other persons generally; and(c) whether there are adequate resources available for the treatment and support of the defendant in the community; and(d) whether the defendant is likely to comply with the conditions of a licence; and(e) other matters that the court thinks relevant.(2) The court cannot release a defendant under this Division, or significantly reduce the degree of supervision to which a defendant is subject unless the court—(a) has considered at least three reports (expert reports) each prepared by a different psychiatrist or other appropriate expert who has personally examined the defendant, on—(i) the mental condition of the defendant; and(ii) the possible effects of the proposed action on the behaviour of the defendant; and(b) has considered the report most recently submitted to the court by the Minister under this Division; and(c) has considered the report on the attitudes of victims and next of kin prepared under this Division; and(d) is satisfied that—(i) the defendant's next of kin; and(ii) the victim (if any) of the defendant's conduct; and(iii) if a victim was killed as a result of the defendant's conduct—the next of kin of the victim,have been given reasonable notice of the proceedings.... The psychiatric evidence discloses that the defendant’s condition is serious. However, his rehabilitation is progressing well. He has been described as a model patient and is fully cooperative with all aspects of his treatment. The risk he now poses to the community is low and there are adequate resources available to support his ongoing rehabilitation. The evidence establishes that the defendant should be able to cope with a managed program of graduated unaccompanied leave. The implementation of such a program should have a positive impact on the defendant’s behaviour. The defendant’s parents and the victim’s family were given notice of the hearing and, as noted above, assisted with the preparation of a report. The victim’s family were represented at the hearing and had the opportunity to cross-examine Dr Brereton and make submissions to the Court, as did counsel for the Director. As events transpired, Dr Brereton was not required to give evidence.