Attorney General for New South Wales v Rohan (a pseudonym) by his tutor Johnson (Final) [2021] NSWSC 132

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Rohan (a pseudonym) by his tutor Johnson (Final) [2021] NSWSC 132 Hearing dates: 18 February 2021 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) Under s 54A and Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), the status of the defendant as a forensic patient is extended for three years, commencing immediately from the expiration of the interim extension order at midnight on 1 March 2021 and expiring on 1 March 2024. (2) Access to the Court file in this proceeding is permitted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1990 – Forensic patient – Limiting term expired – Interim extension order due to expire – Whether applicant poses continuing unacceptable risk – Whether risk can be adequately managed by less restrictive means – Status as forensic patient extended in the circumstances – Status extended for a period of three years Legislation Cited: 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 for NSW v Peckham (Final) [2019] NSWSC 1775 Attorney General for New South Wales v Peterson (bht Rodrigues) [2020] NSWSC 651 Attorney-General for New South Wales v Riley (Final) [2019] NSWSC 1782 Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Cornwall v Attorney General for NSW [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Minister for Mental Health v Paciocco [2017] NSWSC 4 New South Wales Minister for Mental Health v Brauer [2015] NSWSC 863 State of New South Wales v Hayter (Final) [2020] NSWSC 1581 State of New South Wales v Pacey [2015] NSWSC 1983 State of NSW v Tiggelen (Final) [2020] NSWSC 578 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Rohan (a pseudonym) by his tutor Katherine Johnson (Defendant) Representation: Counsel: A Rose (Plaintiff) E McLaughlin (Defendant)