Teen ‘mentally incompetent’ when she stabbed classmate
A TEENAGER has admitted she stabbed a fellow high school classmate, but a court has heard she was mentally incompetent at that time.
Amber Brea Rover, 18, faced the Adelaide Magistrates Court on Tuesday over the incident, which occurred at the Renmark High School in July 2018.
She has yet to plead to one aggravated count of causing serious harm to another person.
Previously, it was alleged Rover stabbed a fellow student during a "dispute" between the pair, who were friends.
That admission caused controversy, however, when the court declined to formally remand her to that facility without first making a "courtesy call" to bureaucrats to check there was room for her.
On Tuesday, prosecutor Rosie Thewlis said discussions with defence counsel had been fruitful.
"The prosecution concedes mental incompetence with respect to the charge," she said.
"I understand the objective elements will be admitted."
Under state law, a person cannot be convicted of a crime if they were mentally incompetent at the time of an unlawful act.
However, if the "objective elements" of that act - meaning the physical actions themselves - are admitted or found, beyond reasonable doubt, to have occurred, that person is still liable to be sentenced.
Instead of prison, they receive a limiting term - a period under medical supervision equivalent to the jail term that would otherwise have been imposed.
Andrew Ey, for Rover, asked his client's case be remanded to the District Court.
"The objective elements are admitted, reports have been prepared, she was mentally incompetent to commit the offence," he said.
"No plea will be entered today … we ask that occur in the District Court."
Magistrate Maria Panagiotidis remanded Rover in custody to face the District Court in May.