The family of a Melbourne woman who was brutally killed by her partner is fighting the system that they say failed them.

A Supreme Court judge found there was no question that Joel Micallef intended to kill Nikkita Azzopardi.

But in a cruel twist, he can’t be found guilty and he won’t have a criminal conviction due to mental impairment.

Melbourne woman’s family fighting the system after her killer was found not guilty (A Current Affair)
Watch the full story in the video player above.

Statement from Forensicare

1. How many beds are at Thomas Embling and what is the capacity / wait time at the moment?

There are currently 136 beds Thomas Embling Hospital.

As of 30 June 2025, 14 people were recommended for a custodial supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and were waiting for a bed to become available.

These people had been waiting an average of 239 days.

While they wait, if they require it, each person is supported by Forensicare’s prison-based forensic mental health services until they can be transferred to the hospital for treatment.

2. What is the average length an inpatient would usually stay at Thomas Embling before they’re released back into the community on no supervision order?

Once a person is found not guilty by reason of mental impairment the Court can place the person on a custodial supervision order.

That order means a person is required to stay at Thomas Embling Hospital to receive compulsory forensic mental health treatment.

Their treatment and rehabilitation at Thomas Embling Hospital focuses on the factors which contributed to the index offence and reducing risk of re-offending.

Progress is gradual and closely monitored with the overall aim of people returning to live a safe and meaningful life in the community.

Custodial supervision orders are indefinite meaning there is no predetermine maximum or minimum period, so a person will remain at Thomas Embling Hospital until their order is varied by the Court.

These decisions are complex and informed by specialist forensic mental health advice incorporating comprehensive assessments of a person’s risk.

Generally, people will transition from a custodial supervision order to a non-custodial supervision order after a period of treatment and rehabilitation, including periods of leave in the community to ensure a gradual and safe transition.

While there is an average length of time that forensic patients (people found not guilty by reason of mental impairment and subject to a custodial supervision order) remain at Thomas Embling Hospital, there is considerable variation with some people spending longer periods of time, some transitioning to non-custodial supervision orders in shorter periods of time, and some remaining Thomas Embling Hospital for extended periods of time.

The Court determines progress from custodial supervision order to a non-custodial supervision order based on treatment responsiveness and ability for risk to be safely managed in a less secure environment.

When a person transitions from a custodial supervision order to a non-custodial order, they remain under supervision of Forensicare and the Court. Only once the Court is satisfied that treatment and supervision under a non-custodial supervision order is no longer required will that order be revoked.

Again, these decisions are made by the Court after considering specialist forensic mental health advice incorporating comprehensive assessments of a person’s risk and progress under the existing non-custodial supervision order.

As with custodial supervision orders, the length of time a person may be subject to a non-custodial supervision order will vary significantly depending on the individual circumstances of the case.

Each stage of the process requires a court hearing with victims notified, and relevant reports provided for the Judge’s consideration.

More information is available here – Mental illness and the criminal law | Forensicare

Evidence from Victoria, New South Wales and internationally demonstrates that forensic patients (those found not guilty by reason of mental impairment), reoffend at significantly lower rates than the general offender population.

3. If someone was found not guilty of a murder charge on grounds of mental impairment and is sent to Thomas Embling, do they have a criminal record and conviction?

A finding under the CMIA, whether that a person committed the offence (following a finding of unfitness to stand trial) or was not guilty because of mental impairment, does not amount to a conviction.

However, criminal history information is not limited to convictions, and Victoria Police may release other findings, even where no conviction is recorded.