Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Hearing dates: 1 December 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to cl 6(5) of Sch. 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW): a. That two qualified psychiatrists be appointed to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 12 February 2021; and b. That the defendant is directed to attend those examinations. 2. That the Defendant be subject to an interim extension order commencing from 27 January 2021 for a period of three months. 3. That access to the Court's file not be granted to a non-party to the proceedings without prior leave of a Judge of the Court without prior notice provided to the parties to allow them the opportunity to be heard in respect of the application for access. 4. That the matter be listed for final hearing on 1 March 2021 for an estimate of one day. 5. The parties have liberty to approach the list judge for further directions. Catchwords: HIGH RISK OFFENDERS - forensic patient - interim extension order - where defendant subject to a limiting term for an offence of recklessly cause grievous bodily harm - where defendant suffers from chronic and treatment resistant schizophrenia, and substance use disorder - whether patient poses an unacceptable risk of causing serious harm to others if he ceases being a forensic patient - where defendant has no insight into his mental condition or its proper treatment - where clear relationship between mental illness and offending - where likelihood of further violent offences if released into community - whether the risk cannot be adequately managed by less restrictive means - where court satisfied that material if proved would justify making an extension order at a final hearing - interim extension order made Legislation Cited: Crimes Act 1900 (NSW) s 35 Crimes (Domestic and Personal Violence) Act 2007 (NSW). S 13 Crimes (High Risk Offenders) Act 2006 (NSW) ss 10C, 18C Mental Health Act 2007 (NSW) s 14 Mental Health (Forensic Provisions) Act 1990 (NSW) ss 40, 42, 54A, Sch 1 Cases Cited: Attorney General for New South Wales v Boyce [2017] NSWSC 144 Attorney General for New South Wales v Tillman [2007] NSWCA 119 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 McGuire [2013] NSWSC 1862 Attorney General of NSW v McGuire (No. 2) [2014] NSWSC 288 Lynn v State of new South Wales [2016] NSWCA 57 Minister for Mental Health v Paciocco [2016] NSWSC 1530 Re J (No. 2) [2011] NSWSC 1224 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: Nil Category: Procedural and other rulings Parties: Attorney General of New South Wales (Plaintiff) Tutaua Vakapora (Defendant) Representation: Counsel: R Rodger (Plaintiff) C Goodhand (Defendant)