Attorney General for New South Wales v Mailes (Preliminary) [2021] NSWSC 298

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Mailes (Preliminary) [2021] NSWSC 298 Hearing dates: 9 March 2021 Date of orders: 9 March 2021 Decision date: 26 March 2021 Jurisdiction: Common Law Before: Hamill J Decision: Interim orders made. Case management orders made. See paragraph [26]. Catchwords: CIVIL LAW – forensic patient – expiration of limiting term – whether status as forensic patient should be extended – preliminary hearing – interim order pending final hearing – assessment of risk – where defendant committed brutal murder 25 years earlier – risk factors – where current supervision minimises risk – where no evidence of ongoing support if defendant ceases to be a forensic patient – nature of legal test to be applied on preliminary hearing CIVIL PROCEDURE - preliminary hearing - excessive volumes of material - screaming into the void Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 42, 54A, sch 1 National Disability Insurance Scheme Act 2013 (Cth) Cases Cited: Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 R v Mailes [2003] NSWSC 707; (2003) 142 A Crim R 353 R v Mailes (2001) 53 NSWLR 25; [2001] NSWCCA 155 State of New South Wales v Lidster (Final) [2020] NSWSC 788 State of New South Wales v Schmidt [2019] NSWSC 764 State of New South Wales v Steven Single [2019] NSWSC 176 State of New South Wales v Stevenson (Final) [2019] NSWSC 778 State of New South Wales v Sturgeon (No. 2) [2019] NSWSC 883 Category: Procedural rulings Parties: Attorney General for New South Wales (Plaintiff) Graham Mailes by his tutor Dr Katherine Johnson (Defendant) Representation: Counsel: R Rodger (Plaintiff) C Goodhand (Defendant)