Attorney General for New South Wales v Randall (Final) [2021] NSWSC 275

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Randall (Final) [2021] NSWSC 275 Hearing dates: 12 March 2021 Date of orders: 25 March 2021 Decision date: 25 March 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.54A and Clauses 1 and 7(1)(a) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990, the Court makes an order extending the status of the Defendant as a forensic patient for a period of two years from today, 25 March 2021. 2. The order made by Button J on 16 December 2020 restricting access to the Court's file is continued so that access will not be granted to a non-party to the proceedings without the prior leave of a Judge of the Court, and with prior notice being provided to the parties to allow them an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – final hearing – application for extension of status as a forensic patient – defendant does not oppose making of order – consideration of statutory factors – forensic status extension order made for two years Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Attorney General for New South Wales v Peterson (bht Rodrigues) [2020] NSWSC 651 Attorney General of New South Wales v Kereopa (No. 2) [2017] NSWSC 928 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney General of NSW v Randall [2020] NSWSC 1821 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 McIntyre v R (2009) 198 A Crim R 549; [2009] NSWCCA 305 State of New South Wales v Windle (No. 4) [2017] NSWSC 1155 Texts Cited: --- Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Raymond George Randall (Defendant) Representation: Counsel: Ms RJ Rodger (Plaintiff) Dr J Lucy (Defendant)