The Queen v Gordon
[2021] NTSC 62
•26 August 2021
CITATION:The Queen v Gordon [2021] NTSC 62
PARTIES:THE QUEEN
v
GORDON, Lee
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT exercising Territory jurisdiction
FILE NO:21842159, 21905236, 21910049, 21930538, 21943156 and 21943158
DELIVERED: 26 August 2021
HEARING DATE: 25 August 2021
JUDGMENT OF: Kelly J
REPRESENTATION:
Counsel:
Crown:D Jones
Supervised Person: C Porter
CEO, Department of Health: T Dunham
Solicitors:
Crown:Director of Public Prosecutions
Supervised Person: North Australian Aboriginal Justice Agency
CEO, Department of Health: Solicitor for the Northern Territory
Judgment category classification: C
Judgment ID Number: Kel2113
Number of pages: 25
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINThe Queen v Gordon [2021] NTSC 62
21842159, 21905236, 21910049, 21930538, 21943156 & 21943158
BETWEEN:
THE QUEEN
AND:
LEE GORDON
CORAM: KELLY J
REASONS FOR JUDGMENT
(Delivered 26 August 2021)
Mr Gordon was charged with five counts of aggravated assault and one count of assaulting a worker in the performance of his duties. The maximum penalty for each of these offences is imprisonment for five years. Three of the offences were assaults against women. One of these women was indecently assaulted and was unable to effectually defend herself due to infirmity and her situation. Two of the offences involved the use of a weapon, and in four of the offences, the victim suffered harm. The maximum penalty for each of these offences is imprisonment for five years.
The facts of these offences are as follows.
Lee Gordon was born on 24 February 1988. He is 33 years of age and usually lives in Lajamanu. He has an extensive history of mental illness.
Count 1 (File No. 21842159)
The victim on count 1, AMB, is a woman employed at the Lajamanu Store as a cashier.
At about 1:34pm on Friday 5 October 2018, Mr Gordon went to the Lajamanu Store, attended at the victim’s register and asked to buy cigarettes.
After he bought the cigarettes from AMB, without warning, Mr Gordon punched AMB in the face with a closed fist knocking her off balance. The punch caused instant pain and swelling to her face. (This assault was captured on CCTV.)
The victim received treatment from the Lajamanu Health Clinic and was not fit for work until Monday 8 October 2018.
Count 2 (File No. 21905236)
On Wednesday 30 January 2019 at approximately 10:00am Mr Gordon went to the Lajamanu Store to buy food.
His money is managed by Centrelink which places $30 dollars a day into his account.
The victim in this matter is the manager of the Lajamanu Store. He told Mr Gordon that he had already spent his allotted amount of money for that day and he would not be able to buy anything else.
Mr Gordon went to the takeaway area of the store and stood in front of the service counter and the manager told him again that he had no money to buy anything that day.
Mr Gordon then picked up the rice cooker from the service counter and threw it at the victim. The rice cooker was plugged into an electrical power point and was heating up dim sims. The rice cooker, lid, hot water and hot dims sims hit the victim in the arms and upper body. The victim raised both his arms in an effort to protect himself.
Mr Gordon then walked out of the store without saying anything.
The victim and other staff members locked the store doors for their safety and the safety of other patrons and reported the matter to the Lajamanu Police.
Count 3 (File No. 21910049)
The victim, ST, is an 88 year old women who is wheelchair bound.
At about 2:00pm on Tuesday 5 March 2019, Mr Gordon was at Lot 350 Lajamanu Community.
He saw the victim using the toilet and stood at the doorway. ST fell off the toilet seat onto the floor. She was unclothed from the waist down.
The victim asked Mr Gordon to help her back into her wheelchair, but Mr Gordon stood over her. He put both his hands inside the victim’s knees and pushed her legs apart exposing more of her genitalia. He did this twice. He made no attempt to help the victim back into her wheelchair. She screamed for help and Mr Gordon ran away.
Count 4 (File No. 21930538)
The victim AV works at the Lajamanu Community Store. At about 4:50pm on Thursday 1 August 2019 he was serving customers in the store.
Mr Gordon went into the store and bought a 1.25 litre bottle of Coke and a sandwich from the victim and then left the store.
About 10 minutes later Mr Gordon went back to the store. He raised the 1.25 litre bottle of Coke above his head and threw it at the victim with full force from about three metres away.
The victim saw Mr Gordon out of the corner of his eye and turned his head slightly to the side. The full bottle of coke hit his right ear and right temple. This caused the victim immediate pain and gave him a cut on his right ear about 5cm long.
The victim went into the office area for safety. Mr Gordon stood at the end of the cash register for a short time and then left the store.
The victim was unable to work the remainder of his shift. He was taken to the Lajamanu Health Clinic for medical treatment and pain relief.
The following morning, Police took Mr Gordon to the Lajamanu Health Clinic for an Involuntary Mental Health Assessment. The Clinic recommended that Mr Gordon be taken to Darwin for a psychiatric examination at an approved treatment facility.
The attack on the victim was unprovoked and the victim was unable to defend himself. He was dressed in the uniform of an Arnhem Land Progress Association employee and was carrying out functions as an employee at the store at the time of the assault.
At the time of the offence the bottle of coke was adapted to be used as an offensive weapon.
Count 5 (File No. 21943156)
The victim in this matter LS, a 31 year old man, is also employed at Lajamanu Community Store.
At 4:00pm on Friday 9 November 2019 Mr Gordon went to the store to buy a bottle of coke and a packet of cigarettes.
The victim served Mr Gordon and Mr Gordon said to him, “Buy me fucking cigarettes.” He repeated this a number of times.
The victim told Mr Gordon that he had used his allowance for smokes and was not allowed to have any more until Monday.
Mr Gordon ignored him and again said, “Buy me fucking cigarettes”. Then he said to the victim, “Do that then,” pointing at the bottle of coke he had.
The victim told Mr Gordon he needed to calm down or he would not be served.
Mr Gordon became agitated and threatened the victim. He tried to punch the victim using his right fist. The victim put his arms up to protect his body and face to deflect the blow. He yelled at Mr Gordon to leave the store, and Mr Gordon walked outside.
Police officers arrived and saw Mr Gordon walking away from the store. They tried to talk to him but he responded by demanding a smoke. They told him they didn’t have any cigarettes and Mr Gordon stormed off in the direction of his home.
A little while later Mr Gordon went back to the store and demanded cigarettes again. Someone escorted Mr Gordon out of the store to the main road and told him that he was not welcome in the store because of his behaviour.
Mr Gordon picked up a large rock from the side of the road and threw it at the building narrowly missing two police officers.
Police took Mr Gordon to the Lajamanu Health Clinic and left him in the care of medical staff.
On Saturday 23 November 2019 police arrested Mr Gordon after he committed another assault.
At the time of the offence the victim was dressed in an Arnhem Land Progress Association uniform and working behind the cash register, clearly identifying himself as a worker.
At the time of the offence Mr Gordon armed himself with a rock outside the store, and used it as an offensive weapon in a public place.
Count 6 (File No. 21943158)
The victim is this matter, AN aged 16, is Mr Gordon’s nephew.
At about 6:00pm on Saturday 23 November 2019 Mr Gordon went to Lot 305 Lajamanu Community. He went inside and walked into the kitchen where the victim was making a cup of tea.
Mr Gordon started speaking to the victim in hushed tones. The victim turned towards Mr Gordon because he could not understand what he was saying. Mr Gordon grabbed the victim’s shirt in his left fist and picked up a small stick about 20cm long, which he found in the kitchen. Mr Gordon raised the stick above his right shoulder and in a stabbing motion hit the victim in the face with it and cut his nose. The victim cried out in pain.
Mr Gordon raised the stick above his right shoulder a second time and in a stabbing motion hit the victim on his left bicep causing another cut.
He raised the stick above his right shoulder a third time and in a stabbing motion hit the victim on his right inner elbow causing another cut. At this point, someone grabbed Mr Gordon from behind in a bear hug and walked out him of the house.
Mr Gordon walked away and the victim went to the Lajamanu Clinic.
The victim sustained cuts to his nose, left bicep and right inner elbow.
The proceedings
On 19 November 2020, by agreement between the parties, Mr Gordon was declared unfit to stand trial and was found not guilty of these offences by reason of mental impairment.
Pursuant to s 43XB(a) of Part IIA of the Criminal Code (“the Code”), Mr Gordon has been declared liable to supervision under Division 5 of Part IIA.
Pursuant to s 43ZG, the Court must now fix a term equivalent to the term of imprisonment or supervision (or both) that would have been the appropriate sentence to impose on Mr Gordon if he had been found guilty of those charges (“the nominal term”). The purpose of the nominal term is to determine the date for the major review under s 43ZG.
The Court must also determine whether the supervised person, Mr Gordon, is to be subject to a custodial or non-custodial supervision order and specify the conditions the Court considers appropriate to be attached to such an order. [s 43ZA]
The nominal term
In determining the nominal term, ordinary sentencing principles apply, moderated to the extent necessary to take into account the mental state of the supervised person.[1]
Circumstances of the offending
The circumstances of the offending are largely set out in the agreed facts. It appears that Mr Gordon was living largely alone and uncared for in Lajamanu although he was under an adult guardianship order. It seems likely that his offending was contributed to by frustration caused by a lack of understanding of the restrictions on his finances, given that he is effectively innumerate.
Personal circumstances
Mr Gordon is a 33 year old Warlpiri man who grew up in Lajamanu Community. His primary language is Warlpiri. He has been remanded in custody since 25 November 2019, currently in the Complex Behaviour Unit (“CBU”) at Darwin Correctional Centre.
Mr Gordon is single and has no children. He does not work. Before he was taken into custody he was in receipt of the Disability Support Pension. Since 2017 he has been under the care and direction of the Public Guardian. He currently has access to the National Disability Insurance Scheme (“NDIS”).
There is little information available regarding Mr Gordon’s psychosocial history, particularly his childhood, because of his inability to effectively communicate and the debilitating effect of his illnesses. He is unable to provide an accurate history of his childhood, schooling or any important family relationships.
He has been unable to provide names of family or carers. However it would appear that his mother was his primary carer in Lajamanu for some years before relocating to Kalano Community, Katherine. His father lives or lived in Yuendumu and he has a family connection to Balgo, Western Australia.
Documentation from Don Dale Youth Detention Centre (“Don Dale”) suggests that Mr Gordon’s upbringing was “disrupted” with “poor role models”. Apparently, he lived for some time in Lajamanu in his early years; he may also have lived in Bagot Community for a time with his extended family. In about 2002 he became unwell. He said he was “unhappy” due to family substance misuse, and demonstrated suicidal behaviour. At about this time he was remanded in Don Dale.
Since 2002 his illnesses and disabilities have grown progressively worse leading to alienation from Lajamanu and his family which has made him vulnerable and isolated for much of his life.
There is little documentation concerning Mr Gordon’s formal education, but it was confirmed in Dr Jessica King’s reports dated October 2020 and December 2020 that he is illiterate and innumerate. It is not clear if that is a result of his deteriorating health or lack of education or a combination of both.
When in Lajamanu, Mr Gordon was often homeless, living in abandoned houses with little or no family to care for him. He was often subject to bullying and ridicule in Lajamanu because of his demeanour.
Mr Gordon has been diagnosed with:
(a)chronic schizophrenia; and
(b)intellectual disability.
He was first diagnosed with schizophrenia in 2008. He has had a total of 12 admissions to mental health inpatient units between 2007 and 2019. In 2017 he was diagnosed with an intellectual disability.
Mr Gordon also has a number of physical ailments including hyponatremia (low blood sodium which leads to fluid retention, causing cells to swell which can lead to problems with the brain and other organs, altered personality, lethargy and confusion); Wolff Parkinson White Syndrome (a syndrome in which an extra electrical pathway in the heart causes a rapid heartbeat); and latent Tuberculosis.
He has been prescribed a range of medications including the antipsychotic drugs Olanzapine and Paliperidone (which is administered by injection every three weeks).
Since being remanded in the CBU, reports from corrections officers and clinical staff suggest that Mr Gordon’s mental and physical health have significantly improved and continue to improve. His mental illnesses have responded well to antipsychotic medication and a structured environment.
He has not been aggressive, his personal care has improved, and he has actively engaged in activities provided to him. He is particularly enthusiastic about the exercise program.
Mr Gordon’s diagnoses are lifelong conditions. The effect of his illnesses on his day to day functioning will ultimately be dependent on the resources available to him going forward.
Criminal History
Mr Gordon has an extensive criminal history between 2002, when he was a juvenile, up to 2010. This includes 22 offences of stealing, 26 of unlawful entry or trespass, four assaults of various kinds, five weapons offences, one of offensive behaviour in a dwelling and one of indecent assault, as well as numerous miscellaneous offences. In light of his diagnoses and the history now known to the Court, one has to wonder how fit he was to be tried and to what extent he may have had a defence of mental impairment to some or all of those charges. In September 2010 Mr Gordon was sentenced to two and a half years imprisonment. He has had no convictions since.
Sentencing principles
Under the Sentencing Act1995 (NT) (“Sentencing Act”), there are mandatory sentencing provisions which apply to these offences:
(a)Counts 1, 2, 5 and 6 are level 3 second or subsequent offences which carry a mandatory minimum sentence of three months actual imprisonment for each offence.[2]
(b)Count 4 is a level 1 offence which means the Court must impose a sentence of actual imprisonment.[3]
(c)Count 3 is a sexual offence. Ordinarily the Court must record a conviction and impose a term of imprisonment which cannot be wholly suspended.[4] (However, it is obviously impossible to record a conviction when a person has been found not guilty due to mental impairment.)
These mandatory minimum sentences do not apply if the court is satisfied that the circumstances of the case are exceptional,[5] but in that case a sentence of actual imprisonment is still required.[6]
An aggregate sentence cannot be imposed because the offences are violent offences and one of them is a sexual offence.[7]
The most serious offence is count 3 – the indecent assault on a helpless 88 year old woman. It must have been a degrading and frightening experience for the victim. I take into account that the offending appears to have been opportunistic, it was relatively brief, and Mr Gordon desisted when the victim screamed for help. Given Mr Gordon’s mental condition, general deterrence should not have a major role in fixing his sentence. Personal deterrence would have some role to play (albeit a reduced role) given his prior conviction for indecent exposure, and community protection would play a larger role.
I would consider an appropriate sentence for count 3 to be a term of imprisonment for 18 months.
On count 1, an unprovoked assault on a woman cashier by punching her in the face, I would consider an appropriate sentence to be imprisonment for six months.
Count 2 is equally serious. Throwing a rice cooker full of hot water and hot dim sims at the victim was a very dangerous thing to do. It is fortunate he was not seriously injured. I would consider an appropriate sentence for count 2 also to be imprisonment for six months.
Count 4 was also dangerous and caused actual harm – a cut on the ear – to the victim. I would consider an appropriate sentence for count 4 also to be imprisonment for six months.
Count 5 consisted of an attempted punch to the first victim and throwing rocks which narrowly missed two police officers. I would consider an appropriate sentence for count 5 to be imprisonment for two months.
Count 6 – stabbing his 16 year old nephew with a stick causing three cuts - was likewise very dangerous and it is fortunate that the victim’s injuries were not more serious. I would consider an appropriate sentence for count 6 to be imprisonment for nine months.
The totality principle dictates that there must be some concurrency between these sentences, but they were committed on separate occasions and (if Mr Gordon had not been unable to control himself due to his mental impairment) would have involved separate decisions to commit criminal conduct against different victims on different occasions. If a sentence were being imposed, there would therefore need to be some accumulation.
I would direct that the sentence for count 1 be served cumulatively with the sentence for count 3 as to two months and concurrently as to the balance of four months.
I would direct that the sentence for count 2 be served cumulatively with the sentence for count 3 as to two months and concurrently as to the balance of four months.
I would direct that the sentence for count 4 be served cumulatively with the sentence for count 3 as to two months and concurrently as to the balance of four months.
I would direct that the sentence for count 5 be served cumulatively with the sentence for count 3 as to one month and concurrently as to the balance of one month.
I would direct that the sentence for count 6 be served cumulatively with the sentence for count 3 as to three months and concurrently as to the balance of six months.
That brings the total nominal term to imprisonment for two years and four months beginning on 25 November 2019.
Section 43ZG(5) of the Code provides that the court must conduct a major review to determine whether to release the supervised person at least three months, but not more than six months, before the expiry of the nominal term. Under s 43ZG(5A) the court may adjourn the major review until after the expiry of the nominal term if the court considers it appropriate to do so. The nominal term expires on 25 March 2022 which means the major review should take place between 25 September and 25 December 2021.
Supervision Order
Under s 43ZA, the court must determine whether the supervised person is to be subject to a custodial or non-custodial supervision order.
Reports
The following reports were received by the Court before Mr Gordon was declared unfit to stand trial and was found not guilty of the offences by reason of mental impairment on 19 November 2020.
(a)report from Mr Re Acacio dated 8 October 2020;
(b)report from Dr Jessica King dated 8 October 2020;
(c)further report from Dr Jessica King dated 11 November 2020.
It was on the basis of these reports that Mr Gordon was found not fit to plead and a plea of not guilty by reason of mental impairment was accepted.
In addition, the Court has received a joint report from Dr Greg Spice and Dr Mrigendra Das pursuant to s 43ZJ of the Code setting out diagnoses and a prognosis of Mr Gordon’s mental impairment; detailing the services that have been provided to Mr Gordon and his responses to treatment; and suggesting a treatment plan. Much of the information about Mr Gordon’s background set out above has been extracted from this report. Among other things relied upon, Drs Spice and Das had reference to the reports referred to in [89] when preparing their s 43ZJ report.
Drs Spice and Das confirm the diagnoses of schizophrenia and mental impairment referred to above. They note Mr Gordon’s admission to his frequent use of cannabis and misuse of alcohol but note also the absence of mention of these matters in the clinical records.
Dr Spice set out in the report details of his observations of Mr Gordon during two reviews he conducted of Mr Gordon on 13 and 19 January 2021 and summarised his observations as follows.
16.1My observation is that there was an improvement in Mr Gordon’s mental state and overall physical well-being between the first and second review, even during such a brief interval. Having greater certainty about his immediate future by the time of the second review may have contributed to this.
16.2Clinical notes and collateral information from CBU Corrections officers and clinical staff suggest Mr Gordon’s mental and physical well-being have continued to improve since December 2020. He is noted to not be aggressive or agitated in CBU, his personal care has improved markedly and he is enthusiastically engaging in CBU-provided activities.
16.3There is no reason to believe that Mr Gordon will not continue to improve in the more benign CBU environment into the future, incrementally, given the significantly improved living conditions, being able to receive his antipsychotic medication regularly as prescribed, a regular routine, reasonable diet/regular meals, improved sleep hygiene, regular exercise, anticipated psychosocial and cultural supports, regular medical oversight from the Corrections Medical Service GPs and clinical staff, the absence of substance use, and regular engagement with his FMHT case manager (at least 4-weekly review) and consultant psychiatrist and psychiatry registrar (also at least 4-weekly review). In the CBU, the Public Guardian will also be able to provide support in a way that until now has proven challenging, as Mr Gordon pursued an itinerant lifestyle characterised overwhelmingly by self-neglect.
The report notes that Mr Gordon lacks any real insight into the anti-social nature of many of his behaviours, the impact of these behaviours on others or the consequences for his own well-being.[8] He also lacks insight into his mental illness and has no understanding of the impact of either cannabis or repeated episodes of psychosis on his cognitive function.[9] (The report expressed the view that these two factors likely had some causative effect on his cognitive impairment which may also have been contributed to by maternal alcohol consumption in utero and volatile substance abuse, but noted the lack of documentary corroboration of any of these.)[10]
The report notes that both schizophrenia and intellectual impairment are lifetime conditions.[11] They say Mr Gordon will require ongoing, regular antipsychotic medication in order to show any improvement in his overall wellbeing and his ability to carry out the activities of daily life with some degree of autonomy. They express the opinion that, with the right resources, it is not unreasonable to think that Mr Gordon’s quality of life can improve considerably, but that much will depend on his ability to develop some insight into his situation, particularly his mental illness.[12]
In analysing Mr Gordon’s risk factors, the report notes his lack of personal relationships, including family relationships which appear to be now non-existent or close to non-existent.[13]
The report also states that without supervision, Mr Gordon is at risk of resuming cannabis use, neglecting to take his antipsychotic medication, and relapsing into psychosis which is strongly associated with his violent offending behaviours. As such, he is at risk of continuing to behave in a violent way, including the use of weapons.[14]
The report notes Mr Gordon’s long history of neglect of self-care,[15] and notes that he is a vulnerable person because of his intellectual disability and is likely to be easily led into offending and other risky behaviours. The report states that without supervision Mr Gordon is at risk of harm to his own mental health.[16] These risks can be mitigated with adequate treatment and supervision including ensuring that Mr Gordon abstains from illicit substances and complies with his prescribed medication.[17]
The report states the following concerning Mr Gordon’s risk in a custodial and non-custodial supervised setting.
19.6Risk in a Custodial Supervised Setting
19.7While Mr Gordon continues to reside at the CBU, his risks across all domains are considered to be mild. His risk of assault of others, of absconding, of inadvertent (neglect of self-care) or intentional self-harming behaviours, of further decline in cognitive function, or of relapse or his illness are significantly mitigated by the structured and relatively benign environment of the CBU, where he is able to receive regular medical and psychiatric care, including regular administration of his antipsychotic medication, a structured routine and support for activities of daily living.
19.8Risk in a Non-Custodial Supervised Setting
19.9It is unlikely Mr Gordon’s illness or cognitive function will ever be such that he is able to live autonomously in the community, without intensive support. The degree of autonomy he might enjoy in the community in the future will affect his risk profile. Should Mr Gordon still have the same lack of insight as he now does, and if his supervision were minimal, the risk of absconding, of cannabis or other substance use, and of non-compliance with medication would almost certainly lead to further psychotic episodes and consequent return to the cycle of assaultive and self-harming behaviours and further deterioration in his cognition.
The report also sets out the treatment Mr Gordon has been receiving in the CBU. He has been receiving antipsychotic medication by injection. As well as regular health checks, his mental health is monitored regularly and he has a monthly multidisciplinary review carried out by the Top End Mental Health Team and staff from the CBU. He has regular engagement with his case manager every four weeks – more often if needed - and with his treating psychiatrist on the same schedule.[18]
At the CBU Mr Gordon attends the Balanced Choice physical fitness program and art classes and is encouraged to maintain personal hygiene resulting in improved physical and mental well-being.[19]
It is proposed that this treatment regime be continued at the CBU and that he be referred to the Forensic Disability Service for specific therapies to help improve his insight into his condition, address his substance misuse and other antisocial behaviours, and create and implement an individually tailored Behaviour Management Plan.[20]
It is proposed that when clinically indicated and when resources permit, Mr Gordon may be able to move from the CBU to the Cottages complex at Darwin Correctional Centre. The report says that this is to be anticipated “in the medium term” but no time frame has been nominated.[21]
The report also says that “in the long term”, should Mr Gordon be able to transition into the community with proper 24/7 care and support, an application to NDIS will be made.[22] He continues under the care of the Public Guardian.[23]
Finally, the report notes that the authors are satisfied that the CBU at the Darwin Correctional Centre is the most appropriate placement for Mr Gordon at the present time as his risk profile cannot currently be managed outside a custodial environment. The authors say that there are, at present, no alternative available accommodation or care arrangements that can manage his risks or provide optimal medical and psychiatric treatment outside a custodial environment.[24] They therefore recommend that Mr Gordon be placed on a custodial supervision order in the CBU of the Darwin Correctional Centre.[25]
Section 43ZM of the Code provides that in determining whether to make a supervision order, the court must apply the principle that restrictions on a person’s freedom and personal autonomy are to be kept to a minimum that is consistent with maintaining and protecting the safety of the community. Keeping this principle in mind, on the basis of the report by Drs Spicer and Das, I am satisfied that there is no practicable alternative to placing Mr Gordon on a custodial supervision order at the CBU of the Darwin Correctional Centre. There are no available, less restrictive options available in which Mr Gordon could be accommodated that would adequately maintain the safety of the public.
ORDERS:
1.Mr Lee Jungarrayi Gordon (the Supervised person) is subject to a custodial supervision order (CSO) at Darwin Correctional Centre (DCC) pursuant to section 43ZA of the Criminal Code (Code).
2.The Chief Executive Officer of the Department of Health, as well as employees, servants and agents of the Chief Executive Officer of the Department of Health (CEO DOH), in consultation with the Chief Executive Officer of the Attorney-General’s Department, the Commissioner of Correctional Services, officers and employees within the meaning of the Correctional Services Act (CEO AGD), shall be responsible for the safe care and custody of the Supervised person.
3.The Supervised person is to receive treatment and care from the CEO DOH and the CEO AGD and, while at or outside DCC is to;
(i) Comply with all reasonable directions of the CEO DOH and the CEO AGD.
(ii) Comply with all relevant rules of conduct and not threaten or engage in any offending behaviour in relation to any person.
(iii) Not possess or consume alcohol, any volatile substance, cannabis or other illicit substance.
(iv) Subject to Territory law, receive and take all prescribed medications and cooperate in medical examinations and interventions advised by the CEO DOH and the CEO AGD.
(v) Participate to the best of his ability in appointments, assessments, therapy, counselling, and positive behaviour and psychoeducational interventions, advised and applied by the CEO DOH and the CEO AGD.
4.The General Manager of the DCC is permitted to release the Supervised person from custody for periods as determined by the CEO DOH, for the purposes of implementing any treatment or other behavioural interventions proposed for the Supervised person, including any transition plan.
5.During all such periods of release, the Supervised person is to remain in the care, custody and control of the CEO AGD and the CEO DOH, and may be held in custody at the residential cottages at DCC.
6.A period of 2 years and 4 months is fixed under section 43ZG(1) of the Code, backdated to 25 November 2019, with the major review to commence on 17 November 2021 at 9.00am.
7.The appropriate person shall file and serve one or more reports for the purpose of s43ZG of the Code (major review) on or before close of business on Wednesday 3 November 2021.
8.The parties have liberty to apply.
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[1] R v Morton [2010] NTSC 26 per MiIdren J at [45] to [46]
[2] Sentencing Act ss 78CA(3) and 78DD
[3] Sentencing Act ss 78CA(3) and 78DF
[4] Sentencing Act s 78F and Schedule 3
[5] Sentencing Act s 78DI(1)
[6] Sentencing Act ss 78DI(2) and 78DG
[7] Sentencing Act s 52(3)
[8] Joint Report para 17.1
[9] Joint Report para 17.2
[10] Joint Report para 10.1
[11] Joint Report para 18.1
[12] Joint Report para 18.2
[13] Joint Report para 19.2
[14] Joint Report para 19.3
[15] detailed in section 13 of the report
[16] Joint Report para 19.4
[17] Joint Report para 19.5
[18] Joint Report para 20.4
[19] Joint Report para 20.5
[20] Joint Report paras 20.10 & 20.11
[21] Joint Report para 20.12
[22] Joint Report para 20.14
[23] Joint Report para 20.15
[24] Joint Report para 21.1
[25] Joint Report para 21.4
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