A Supreme Court judge has criticised mental health laws in South Australia while considering release from custody for a schizophrenic woman who murdered her mother.
Justice Trish Kelly says it is extraordinary that community safety is considered paramount on paedophiles but not the mentally ill.
Joyce Brown died four years ago at the hands of her psychotic daughter Vicky Lee Wagner.
But Wagner was found not guilty of murder due to mental incompetence.
She is in James Nash House, a high-security mental health unit in Adelaide.
Psychiatrists have recommended moving her to the lower-security Ashton House at suburban Oakden as a step toward reintegration into the community
The woman's lawyer has told the court her schizophrenia is under control and her risk to public safety is low.
But Justice Kelly says she remains very concerned.
She says under current mental health laws the court is "between the devil and the deep blue sea" in devising appropriate release terms for prisoners such as Wagner.
It is "an extraordinary state of affairs when the safety of the community is paramount in relation to sexual offenders but apparently not in relation to other mentally disturbed people who commit horrific crimes of equal gravity", she said.
The case returns to court next week when draft conditions for Wagner's release are expected to be finalised.
Public Advocate John Brayley will not comment on the case but says law reform is needed for the area of mental incompetence.
"In other places such as New South Wales and the United Kingdom a specialist tribunal considers these questions," he said.
"Underlying all of this is a problem with a lack of resources for forensic mental health care."
Last year, the SA Government's sentencing advisory council sought feedback on a discussion paper which addresses the issue of supervision in mental health cases.
Attorney-General John Rau is now seeking information and advice on Justice Kelly's comments.
http://au.news.yahoo.com/a/-/latest/23726381/mental-health-laws-criticised-by-sa-justice-trish-kelly-while-dealing-with-murder-case/
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