The Queen v KMD (No 3)

The Queen v KMD (No 3) was a case before the Supreme Court of the Northern Territory. KMD, a person with a mental impairment, was subject to a custodial supervision order under Part IIA of the Criminal Code (NT). The court was required to review the order and consider applications for its variation, as well as an application by the CEO of the Department of Health for an additional condition requiring KMD to accept treatment and medication. The primary legal issue was whether KMD's mental condition warranted continued custodial supervision or if she could be released on a non-custodial supervision order. Another issue was whether the existing conditions of the custodial supervision order should be varied to allow her to reside outside a correctional facility. A further issue was whether an additional condition requiring KMD to accept treatment and medication should be added to the order.

The court found that KMD's mental condition, specifically her delusional disorder, had not improved and was likely worsening due to her refusal to accept professional advice and engage in treatment. The court was satisfied that the safety of the public would be seriously at risk if KMD were released on a non-custodial supervision order. The court also found that there was no suitable alternative accommodation available for KMD outside of a custodial correctional facility. Lastly, the court determined that adding a condition requiring KMD to accept treatment and medication would be ineffective as she had consistently refused such treatment in the past.

The court confirmed the existing custodial supervision order and refused the applications for variation and the addition of a treatment condition. The court held that KMD remained a serious risk to the public due to her mental condition and that her lack of insight and refusal to engage with mental health practitioners were products of her illness. The court also found that imposing a condition requiring treatment would be ineffective, as KMD had consistently refused such treatment in the past.