KMD v CEO (Department of Health NT)

Criminal law – Appeals – Mental impairment – Where appellant is liable to supervision under supervision order – Where court conducted periodic review of custodial supervision order and released appellant on non-custodial supervision order – Whether court's review of custodial supervision order miscarried by reason of appellant's refusal to cooperate with medical experts – Standard of review on appeal from finding that court not satisfied that safety of appellant and of public will be seriously at risk if appellant released on non-custodial supervision order – Whether Court of Criminal Appeal erred by confirming custodial supervision order without addressing requirements of Criminal Code Act 1983 (NT), Sch I, Pt IIA, Divs 5 and 7.

Words and phrases – "appeals against supervision orders", "custodial supervision order", "non-custodial supervision order", "not reasonably open", "periodic review", "standard of review", "supervision order".

Criminal Code Act 1983 (NT) – Sch I, ss 43Z, 43ZA, 43ZB, 43ZG, 43ZH, 43ZK, 43ZL, 43ZLA, 43ZM, 43ZN.