Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610 Hearing dates: 10 November 2020 Decision date: 17 November 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) By way of interlocutory relief, an order pursuant to cl 6(5) of Sch 1 to the Mental Health (Forensics Provisions) Act 1990 (NSW) (the Act): (a) appointing two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of two such persons) to conduct separate examinations of Rohan/the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) directing the defendant to attend those examinations. (2) By way of further interim relief, an order pursuant to cls 10 and 11 of Sch 1 of the Act, that the defendant be subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 1 December 2020 for a period of three months until 1 March 2021. Catchwords: Preliminary application for "extension order" – order to extend status of defendant as a "forensic patient" under the Act – defendant diagnosed with moderate Intellectual Disability – defendant with a number of convictions for sexual offences against children – defendant currently detained in a correctional centre – limiting term of imprisonment to expire 1 December 2020 – primary object of the Act to protect the safety of members of the public – whether plaintiff has satisfied the Court to a high degree of probability that the defendant poses an unacceptable risk of causing serious harm to others if he ceases to be a forensic patient – whether the Court is satisfied to a high degree of probability that the defendant's risk cannot be adequately managed by means less restrictive than being a forensic patient – Court so satisfied on a preliminary basis – extension order made. Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Kereopa [2019] NSWSC 1339 Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Attorney General for the State of New South Wales v Quinn [2007] NSWSC 456 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney General of New South Wales v Kereopa [2017] NSWSC 411 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Cornwall v Attorney General of NSW [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 Minister for Mental Health v Paciocco [2017] NSWSC 4 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Tillman v Attorney General for the State of NSW (2007) 70 NSWLR 448; [2007] NSWCA 327 Category: Principal judgment Parties: Attorney General for New South Wales – Plaintiff Rohan [a pseudonym] – Defendant Representation: Counsel: A Rose – Plaintiff P Coady – Defendant