Re TK (No 2)
[2026] VSC 72
austlii.edu.au·2026
CRIMINAL LAW — Second major review of non-custodial supervision order (“NCSO”) — In 2009, TK attacked family member, causing life-threatening injuries — TK psychotic at time as a result of effects of schizophrenia — TK charged with attempted murder but found not guilty by reason of mental impairment — In 2011, TK placed on NCSO — On first major review in November 2023, NCSO confirmed — In October 2024, TK apprehended and admitted to Thomas Embling Hospital after suicide attempt by overdose of heroin — In October 2025, TK transferred to secure extended care unit (“SECU”) — Secretary to Department of Health and Attorney-General initially filed applications to vary NCSO to custodial supervision order (“CSO”), but applications later withdrawn — Ultimately, at second major view in November 2025, all parties submitted NCSO should be confirmed — NCSO confirmed — Further major review of NCSO in 12 months — Non-publication order previously made remains in force — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 20, 23, 24, 26, 28, 29, 30, 35, 38C, 39, 40 & 75.