Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Hearing dates: 22 April 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Common Law Before: Wright J Decision: The Court: (1) Makes an order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) that: (a) two qualified psychiatrists or registered psychologists or registered medical practitioners (or any combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date agreed between the parties; and (b) the defendant is directed to attend those examinations. (2) Makes an order pursuant to ss 130 and 131 of the MHCIFP Act, the defendant is subject to an interim extension of his status as a forensic patient commencing from midnight on 1 May 2021, for a period of 3 months. (3) Grants liberty to the parties to apply on two days' notice in relation to order (1) if the parties cannot reach agreement for the purposes of either paragraph of that order. (4) Directs the Registrar to inform the Mental Health Review Tribunal of the making of the extension order referred to in order (2) by providing to the Tribunal a copy of the orders and the judgment in this matter. Catchwords: MENTAL HEALTH – Forensic patient – Application for interim extension order – Where defendant on the Child Protection Register and subject to Child Protection Prohibition Order – Consideration of statutory factors – Whether less restrictive measures available – Whether risk posed by the defendant could not be adequately managed by implementation of a guardianship order – Where a regime of guardianship orders would not be sufficient to mitigate unacceptable risk posed by the defendant to the community – Interim extension order justified in the circumstances – Interim extension order made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Summary Offences Act 1998 (NSW) Cases Cited: Attorney-General for the State of New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General for New South Wales v Winters [2007] NSWSC 611 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v BP (Preliminary) [2019] NSWSC 699 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Brendan Bragg (Defendant) Representation: Counsel: C McGorey (Plaintiff) L Fernandez (Defendant)