The Queen v KMD (No 5)

In the case of The Queen v KMD (No 5), the primary dispute concerned the periodic review of KMD under Part IIA of the Criminal Code 1983 (NT). The court was tasked with determining whether KMD, who had previously been found not guilty by reason of mental impairment, posed a serious risk if released on a non-custodial supervision order. The case involved multiple submissions from both KMD and the CEOs, with evidence provided by Dr. Mrigendra Das, a Consultant Forensic Psychiatrist. The evidence included various reports, letters, and affidavits, which were integral to the court’s assessment.

The legal issues before the court included whether the court could revisit the jury’s decision of KMD's mental impairment, the validity of Part IIA of the Criminal Code, and the potential bias or flawed assumptions of the assessing psychiatrists. Additionally, the court had to decide whether the periodic review could be considered complete without further reports on the option of non-custodial supervision. The court also considered KMD's argument that she did not suffer from a mental illness as she had not deteriorated since her arrest in May 2013.

The court found that it could not revisit the jury’s decision on KMD's mental impairment and that the periodic review was not complete until further reports had been received. The court rejected KMD's submissions regarding the bias or flawed assumptions of the assessing psychiatrists and the validity of Part IIA of the Criminal Code. Dr. Das's evidence was deemed reliable, and KMD's argument about her mental state was not substantiated. The court concluded that KMD’s mental condition could deteriorate without treatment and that her delusional system could become resistant to treatment over time.

The court ordered that further reports be obtained to complete the periodic review and to assess the option of non-custodial supervision for KMD. The court emphasised that KMD's engagement with mental health professionals and potential medication would be essential for a reassessment of risk and its management.