Attorney General of NSW v Delmege (Preliminary) [2021] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Delmege (Preliminary) [2021] NSWSC 50 Hearing dates: 2 February 2021 Decision date: 08 February 2021 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) An order pursuant to cl 6(5) of Sch 1 of the Act: (a) appointing two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of 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 (b) directing the defendant to attend those examinations. (2) An order pursuant to cll 10 and 11(1) of Sch 1 of the Act that the defendant be subject to an interim extension order commencing from 9 February 2021 for a period of three months. (3) Dr Katherine Johnson is appointed as tutor for the defendant in these proceedings. Catchwords: Application for interim detention order under Mental Health (Forensic Provisions) Act 1990 (NSW) – whether order should be made to extend status as a forensic patient – whether matters relied upon by the plaintiff if proved would entitle the plaintiff to an extension order. Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) 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 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 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57; (2016) 91 NSWLR 636 Category: Principal judgment Parties: Attorney General of NSW – Plaintiff Paul Errol Delmege – Defendant Representation: Counsel: M Dalla-Pozza – Plaintiff B Fogarty – Defendant