[2026] SASC 114

Prosecution: R Counsel: MS HALIKIAS - Solicitor: DIRECTOR OF PUBLIC PROSECUTIONS (SA) Defendant: KRISTOPHER ROBERT STEELE Counsel: MS T JOHNSON - Solicitor: LEGAL SERVICES COMMISSION (SA) Hearing Date/s: 10/08/2026 File No/s: SCCRM-25-027515 B SUPREME COURT OF SOUTH AUSTRALIA (Criminal) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment. The onus remains on any person using material in the judgment to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court in which it was generated. R v STEELE (No 2) Criminal Trial by Judge Alone [2026] SASC 114 Reasons for the Orders of the Honourable Justice Bampton (ex tempore) 10 August 2026 CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER Where the Court previously declared defendant was mentally incompetent to commit the offence of murder and recorded a finding that the defendant’s conduct is proved but he is not criminally responsible due to mental incompetence – where the Court previously declared the defendant liable to supervision. Held: Defendant is committed to detention pursuant to s 269O(1)(b)(i) of the Criminal Law Consolidation Act 1935 (SA) – limiting term of life is fixed. Criminal Law Consolidation Act 1935 (SA) ss 269Q, 269R, 269O(1)(b)(i), 269O(2), referred to. R v Steele [2026] SASC 91, considered. -- 1 of 3 -- -- 2 of 3 -- R v STEELE (No 2) [2026] SASC 114 Criminal: Trial by Judge Alone 1 BAMPTON J (ex tempore): In R v Steele dated 12 June 2026,1 I detailed my reasons for finding the objective elements of the offence of murder established and my finding that Mr Steele was mentally incompetent to commit the murder of John Cox. I found Mr Steele’s conduct proved but that he was not criminally responsible due to mental incompetence. I declared Mr Steele liable to supervision pursuant to Division 4 Subdivision 2 of the Criminal Law Consolidation Act 1935 (SA) (the CLCA). 2 I have received, pursuant to s 269Q of the CLCA, the report of Dr Owen Haeney dated 26 June 2026. In the report, Dr Haeney comments “in light to the serious violence associated with his illness, Mr Steele will require extensive further treatment and rehabilitation in order to be considered safe to be released into the community” and “it is not feasible to recommend anything other than that [commitment] to detention for in-patient treatment” “given the nature of [the offending] and the fact that Mr Steele has been remanded in custody for the majority time” since the offending.2 3 I have also received the victim and next of kin report prepared pursuant to s 269R of the CLCA. Notably, John Cox’s brother, David Cox, and his sister, Catherine Cox, wished to rely on their victim impact statements they read to the Court this morning. Each spoke of their grief and loss at the violent death of their brother. David Cox spoke of the need to inquire into whether any failure in public policy, funding, or process placed Mr Steele in unsupervised accommodation without proper mental health support, an environment in which Mr Steele killed his brother. Catherine Cox implored our community to provide more support to those who are difficult to help, who suffer homelessness and related health and social problems. Most poignantly, David Cox and Catherine Cox spoke with compassion and understanding to and about Mr Steele. 4 Mr Steele’s counsel acknowledged that Dr Haeney’s report makes clear the only appropriate order at this stage is for Mr Steele to be committed to detention. 5 Accordingly, pursuant to s 269O(1)(b)(i) of CLCA, I make a supervision order committing Mr Steele to detention. Having made a supervision order, I must, pursuant to s 269O(2) of the CLCA, fix a limiting term. I fix a limiting term of life. 1 [2026] SASC 91. 2 FDN 52 at [4.4]-[4.5]. -- 3 of 3 --