Attorney General of NSW v Randall [2020] NSWSC 1821

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Randall [2020] NSWSC 1821 Hearing dates: 30 November 2020 Decision date: 16 December 2020 Jurisdiction: Common Law Before: Button J Decision: Interim orders made for compulsory examination and extension of status as forensic patient by three months Catchwords: MENTAL HEALTH – forensic patient – expiry of limiting term – application for interim extension order – whether defendant may be ultimately assessed as posing an "unacceptable risk" of causing serious harm to others – whether less restrictive measures available – whether status as involuntary patient would adequately manage risk – application for extension order not opposed – interim extension order made Legislation Cited: Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Raymond George Randall (Defendant) Representation: Counsel: R Rodger (Plaintiff) J Lucy (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2020/325193

Judgment

Introduction 1. The Attorney General for New South Wales (the plaintiff) has made an application pursuant to Schedule 1 (the Schedule) of the Mental Health (Forensic Provisions) Act 1990 (NSW) (the MHFPA), seeking a number of orders against Mr Raymond George Randall (the defendant). 2. The ultimate submission of the plaintiff, encapsulated in a summons filed on 15 November 2020, is that the defendant should in due course have his status as a forensic patient extended by a period of two years. 3. The matter came before me on an interim basis on 30 November 2020. On that occasion, the following orders were pressed: 1. By way of interlocutory relief, an order pursuant to s 54A of and cl 6(5) of Schedule 1 to the Mental Health (Forensic Provisions) Act 1900 ("the Act"): 1. Appointing two qualified psychiatrists, registered psychologists and/or registered medical practitioners (or any combination of two such persons) to conduct separate examinations of 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 2. Directing the Defendant to attend those examinations. 1. By way of interim relief, an order pursuant to s 54A of and cls 10 and 11 of Schedule 1 to the Act that the Defendant be subject to an order extending his status as a forensic patient for a period of three months from the first moment of 5 January 2021. 1. The defendant appeared through a tutor who had been appointed to protect his interests, on the basis of his incapacity to engage in litigation. He was represented by solicitor and counsel. Those interim orders were not opposed, though it was made quite clear that a different approach may be taken later to the final relief sought by the plaintiff in the form of the extension to his status of two years. 2. Close to the start of the hearing before me, I made a further order by consent that was contained in the summons. I shall not recount it now, because it will appear at the end of this judgment. I made that order because it seemed to me to strike an appropriate balance between, on the one hand, open justice, and, on the other hand, the interest of not only the defendant, but also of the community as a whole, in the protection of his privacy, with the aim of his ultimate reintegration into society.