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APPEALS – HEALTH LAW – MENTAL ILLNESS – Mental Health and Related Services Act 1998 (NT) – Criteria for involuntary admission –Appellant suffering delusional disorder – Appellant previously found not guilty by reason of mental impairment of serious criminal offences including attempted murder – Appellant subject to custodial supervision under Part IIA Criminal Code (NT) – Tribunal found the appellant satisfied all requirements for involuntary admission and treatment for delusional disorder – Appeal – Interpretation – Person without treatment “likely to cause serious harm” to self or someone else – Whether likelihood to cause harm to be assessed in the current institutional setting or in the community after hypothetical eventual release – Held likelihood to be assessed in all the circumstances – Requires realistic consideration of person’s overall situation – Risk highly unlikely to materialize while appellant remains in supervised custodial environment – Tribunal erred in assessment of risk – Failed to take into account circumstances in which appellant might be released under Part IIA Criminal Code (NT) and the role of the Supreme Court in relation thereto – Orders of Tribunal set aside
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