Attorney General for NSW v Delmege by his tutor Dr Johnson (final) [2021] NSWSC 469

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v Delmege by his tutor Dr Johnson (final) [2021] NSWSC 469 Hearing dates: 23 April 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to ss 121(1) and 128 of the Mental Health Cognitive Impairment Forensic Provisions Act 2020 (NSW) the defendant's status as a forensic patient is extended for a period of five years from the date of commencement of this order. (2) The Registrar of the Court is to notify the Mental Health Review Tribunal of these Orders. Catchwords: HIGH RISK OFFENDERS — FORENSIC PATIENT – application for extension of status as forensic patient – approaching expiration of limiting term – question of risk of causing serious harm to others — defendant with a history of sexual offences against young females — defendant with an intellectual disability and other impairments - question of efficacy of rehabilitation and treatment — question of nature of accommodation if unsupervised — limitations upon supervision — question of the least restrictive option - order made Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Mental Health Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health (Forensic Provisions) Regulation 2017 (NSW) Cases Cited: NSW v Delmege (Preliminary) [2021] NSWSC 50 R v MJR [2002] NSWCCA 129; (2002) 130 A Crim R 481 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Paul Errol Delmege (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) P David (Defendant)