Attorney General for New South Wales v Peterson (bht Rodrigues) [2020] NSWSC 651

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Peterson (bht Rodrigues) [2020] NSWSC 651 Hearing dates: 19 May 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Summons is dismissed. (2) I order that the plaintiff pay the defendant's costs. Catchwords: MENTAL HEALTH — forensic patient — extension of status as forensic patient — application for interim extension order and order for examination of defendant — whether matters alleged in supporting documentation would, if proved, justify making of an extension order — whether court could be satisfied to the requisite standard that the defendant posed an unacceptable risk of causing serious harm to others if he ceased to be a forensic patient — less restrictive means — guardianship order under the Guardianship Act 1987 (NSW) Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW), s 4 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), Pt 5, ss 14, 19, 40, 42, 43, 47, 52, 54A, Sch 1 cls 1, 2, 5, 6, 7, 10, 11 National Disability Insurance Scheme Act 2013 (Cth) Cases Cited: Attorney General for NSW v Peckham (Final) [2019] NSWSC 1775 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v John Francis Peterson [2013] NSWSC 1002 R v Peterson (No. 4) [2014] NSWSC 1056 R v Peterson (No. 5) [2014] NSWSC 1080 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 State of NSW v Holschier (No 2) [2018] NSWSC 1921 Texts Cited: Carolyn McKay, 'Predicting risk in criminal procedure: actuarial tools, algorithms, AI and judicial decision-making' (2020) 32(1) Current Issues in Criminal Justice 22, 28 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) John Francis Peterson (by his tutor Linda Rodrigues) (Defendant) Representation: Counsel: S Climo (Plaintiff) C Goodhand (Defendant)