Re KL (No 4)
[2026] VSC 60
austlii.edu.au·2026
CRIMINAL LAW — Review of non-custodial supervision order (“NCSO”) — Whether NSCO should be revoked — In 2016, KL, in grips of undiagnosed delusional disorder, stabbed and killed neighbour, GH — In 2017, at consent mental impairment hearing, KL found not guilty of murder because of mental impairment — KL placed on custodial supervision order (“CSO”), and committed to Thomas Embling Hospital — In April 2023 and again in March 2024, KL granted extended leave for 12 months — In October 2024, CSO varied to NCSO — Two psychiatrists recommend revocation of NCSO — KL’s illness in remission for several years — KL presents only low risk to community — NCSO of little utility given KL’s stable mental state, excellent insight, and low risk profile — If NCSO revoked, any deterioration in mental health could be managed adequately by family support, supervision of GP and psychologist, and, if necessary, under Mental Health Act 2022 (Vic) — Secretary to Department of Health and KL submit NCSO should be revoked — Attorney-General submits NCSO should be confirmed — GH’s mother (implicitly) opposes revocation of NCSO — Statutory test satisfied on evidence — NCSO revoked — Non‑publication order made — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 31, 33, 38C, 39, 40, 42, & 75.