My 34 year old client who has a diagnosis of Intellectual disability ("ID") and severe autism.

He has been detained for the last 13 years in ID care, ostensibly because he is "dangerous" his index offence was smashing three windows value $905 with an axe in response to a loud noise which is a trigger for bad behaviour.

He allegedly as a youth (17 years old) assaulted a girl he liked at school with a knife, and she need hospital treatment and some stitches, he had no idea of what he was doing.  The Youth Court  gave him a discharge without conviction.

The available literature seems to show the WAIS IV is unreliable in this situation his score was 60, whereas on the Raven Matrices it was 80. He of course has severe communication deficits, but a number of savant abilities such as rapid birth date calculation (tell him your date of birth and he will immediately tell you which day of the week in falls on this year), and artistic abilities, as well as excellent memories for some events 10 years ago.

I am challenging the finding that he is intellectual disabled as well as the proportionality of the treatment, and other matters in High Court proceedings, set down for hearing in July for 7 days.

Have two experts who review the literature and support the view the test results do not reliably show ID.

Has anyone similar experience, any suggestions, or know of any reported case law on this issue?

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