CRPD/C/22/D/17/2013
entered into force for the State party on 19 September 2009. The author is represented by
counsel.
A.
Summary of the information and arguments submitted by the parties
The facts as submitted by the author
2.1
The author has intellectual impairment arising from a brain injury, epilepsy and
mental illness. In August 2007, he was living with a family member in Alice Springs. He
had been prescribed medication for the management of his seizures and mental illness,
which he failed to take on a regular basis. The relationship with his relatives was under
significant stress, arising at least in part from Mr. Leo’s alcohol dependence and his
conduct towards children of the family while intoxicated. The Tangentyere Council 1
received funds from the Northern Territory government to provide some limited support
services to the author. On 15 August 2007, a staff member of the Council who had been
engaged to provide the author with these services met him near her workplace. She greeted
him while walking past. The author appears to have been experiencing a psychotic episode
at the time. He kicked a water bubbler, pursued the victim and then punched and kicked her.
This assault caused minor injuries to the staff member’s head, shoulder and right leg, as
well as significant mental distress from which it took her several months to recover. During
this period, she was unable to work. 2
2.2
The author was arrested the same day and charged with common assault in a
circumstance of aggravation 3 under section 188 4 of the Criminal Code of the Northern
Territory of Australia. He was remanded in custody and incarcerated in a high-security
section of Alice Springs Correctional Centre. The author was brought before the Northern
Territory Supreme Court on an indictment dated 2 November 2007, charged with this
offence. Due to his intellectual impairment, he was dealt with by the Court under the
provisions of part II.A of the Code, on mental impairment and unfitness to be tried.
2.3
On 4 December 2007, with the consent of both counsel for the Director of Public
Prosecution and the author, a judge of the Northern Territory Supreme Court determined
that the author was unfit to stand trial on the basis of his mental impairment.5 The Court
also determined that there was no reasonable prospect of the author becoming fit to be tried
for these offences within 12 months. 6 These determinations required the Court to conduct,
on 31 March 2008, a special hearing before a jury. The jury found the author not guilty of
the offences with which he had been charged by reason of his mental impairment. As a
consequence of the verdict, the Court was required to determine if the author ought to be
released unconditionally or if he ought to be liable to supervision. The Court declared that
the author was liable to supervision and, as a result, he was remanded in custody until a
further determination of the Court as to the appropriate kind of supervision. He returned to
the high-security section of Alice Springs Correctional Centre.
2.4
On 22 December 2008, the Northern Territory Supreme Court placed the author
under a custodial supervision order and committed him to custody in prison. 7 The Court
was required to fix a term appropriate for the offence concerned and to specify that term in
1
2
3
4
5
6
7
2
An Aboriginal specific non-government service delivery agency working in the 18 “town camps” in
Alice Springs.
No further details have been provided.
The victim suffered harm and was female.
The offence carries a maximum penalty of five years of imprisonment.
Section 43T of the Criminal Code.
Section 43R (3) of the Criminal Code.
A supervision order may be either of a custodial or non-custodial nature (sect. 43ZA (1) of the
Northern Territory Criminal Code). If a custodial supervision order is issued, the Court must commit
the affected person to custody in prison or another appropriate place. Although the statutory scheme
does not exactly define or designate what constitutes “another appropriate place”, the chief executive
officer (health) may provide the Court with a certificate stating that facilities or services are available
in an appropriate place for the custody, care and treatment of the person.