Objective: To describe the characteristics of offenders found not guilty on the grounds of mental illness (NGMI) in New South Wales and rates of NGMI and other homicide verdicts. Method: Demographic, legal and clinical data after referral to the NSW Mental Health Review Tribunal following an NGMI verdict for homicide matched with results from the National Homicide Monitoring Program. Results: Between 1993 and 2016, a total of 2159 homicide offenders were dealt with by the NSW courts, including 169 (7.8%) who were found NGMI. Over this period, the rate of non-NGMI homicide convictions fell from 1.83 per 100,000 per annum to 0.65 per 100,000 per annum (Kendall’s tau = −0.79, p ⩽ 0.001) while the rate of NGMI homicide fluctuated, with an average annual rate of about 0.1 per 100,000 per annum (Kendall’s tau = 0.17, p = 0.23). There was no association between the annual rates of NGMI and non-NGMI homicides (Pearson r = −0.3, p = 0.16) but falling rate of non-NGMI homicide meant that the proportion of NGMI offences doubled from 5.5% in the first 12 years to 11% in the second 12 years. Nearly all (88.7%) of those found NGMI had a schizophrenia-related psychosis. However, there were high rates of psychiatric comorbidity including substance use disorder (60.7%) and a history of a prior head injury (41.1%). Most (83.4%) of the NGMI offenders had previous contact with mental health services, but only half of these had received treatment with antipsychotic medication. Conclusion: The fall in conviction for homicide offences in the last 24 years has not been matched by a reduction in NGMI homicide verdicts. More assertive treatment of emerging psychosis and comorbid substance use disorders, and improved continuity of care of chronic psychosis might prevent some homicides.
Background: It is well established that First Nations Peoples in Australia are overrepresented within the criminal justice system. However, First Nations Peoples appear to be comparatively underrepresented in the forensic mental health system, and little is known about their outcomes once released from secure care. Objective: To compare the characteristics and rates of repeat criminal justice contact for a criminal charge of First Nations and non-First Nations forensic patients in New South Wales. Methods: Data on the sample were extracted from the New South Wales Mental Health Review Tribunal paper and electronic files matched to the Bureau of Crime Statistics and Research Reoffending Database. Characteristics of First Nations and non-First Nations patients were compared using univariate logistic regression analysis. Univariate and multivariate Cox proportional hazard regression was used to determine predictors of post-release criminal charges. Results: Key differences in the sociodemographic, clinical and forensic characteristics of First Nations compared with non-First Nations forensic patients were identified. The time to first criminal justice contact following release was significantly shorter for First Nations forensic patients ( p < 0.01). Conclusion: The findings of this study confirm that First Nations forensic patients have distinct and complex needs that are apparent at entry to the forensic mental health system and that their poorer criminal justice contact rates following release from secure care indicate that these needs are not being adequately met either during treatment or once in the community. Responses to these study findings must consider the complex and continuing impact of colonisation on First Nations Peoples, as well as the need for solutions to be culturally safe.
Objective To quantify outcomes for patients of forensic psychiatric rehabilitation in NSW. Methods Data on 245 conditionally released forensic patients was extracted from the Mental Health Review Tribunal (MHRT) files and matched to several state-wide datasets. Descriptive statistics were generated to establish the cohort characteristics, rates of reoffending and social and clinical outcomes. Results At conditional release, social circumstances for the majority of patients were improved. Clinically, the cohort was more stable, though many did not remain stable over time. Only one-fifth of the sample received a further criminal charge. Conclusion Preliminary evidence suggests that forensic rehabilitation services in NSW are effective.
Technology and privacy can be a double-edged sword for those experiencing domestic and family violence (DFV). Technology can be a mechanism for abuse and coercive control but is also offered to victim-survivors as a ‘solution’ to reduce risk and protect their safety. In theory, the law protects the privacy rights of victim-survivors, but poor practice and lapses in security mean that their information is often shared with those who seek to harm them. Perpetrators, particularly alleged perpetrators, also have a right to privacy, making it more difficult to protect victim-survivors. This paper analyses technology-facilitated domestic and family violence (TFDFV) through a privacy lens—drawing on privacy and DFV literature (and the little that lies at the intersection) and doctrinal analysis of Australian and New Zealand privacy and related laws applied to TFDFV. Recommendations are provided to better protect victim-survivors at the intersection of safety, technology and privacy. While the paper focuses on the Australian and New Zealand context, it hopes to motivate similar questions in other jurisdictions.
This review examined the intersections between mental health and sexual assault and abuse. It aimed to identify key learnings related to service delivery and responses to improve mental health outcomes for people impacted by sexual assault and abuse. It reviewed themes related to sexual abuse and/or assault and mental illness in adulthood including assistance seeking, negative responses to disclosure and risk factors for poorer mental health among survivors. In relation to service delivery and responses, key themes included: important principles of care, service and support availability, trauma-informed models, staffing, coordination between sectors and providers and holistic approaches to care. Significant gaps in the evidence were found related to people with disability, older people, refugees and Aboriginal and Torres Strait Islander people.
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