Attorney General for New South Wales v McGregor (Preliminary) [2021] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v McGregor (Preliminary) [2021] NSWSC 638 Hearing dates: 2 June 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to ss 121 and 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act"), the Court a. Appoints two qualified psychiatrists, or two registered psychologists (or a combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and b. Directs the Defendant to attend those examinations. (2) Pursuant to ss 121, 130 and 131 of the Act, the Defendant be subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 10 June 2021 and expiring three (3) months later. (3) Any application for access by a third party to the Court's file in these proceedings is to be referred to a judge of the Court. (4) Grant liberty to approach Beech-Jones J for a further order consistent with Order 1. (5) Stand over the proceedings for directions before the Duty Judge at 10.00am on 7 June 2021. Catchwords: MENTAL HEALTH – application for an interim order extending status as a forensic patient – no question of principle Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Minister for Health v Paciocco [2016] NSWSC 1530 Category: Procedural rulings Parties: Attorney-General for NSW (Plaintiff) Chris McGregor (Defendant) Representation: Counsel: P Aitken (Plaintiff) W Tighe (Defendant) Ms K Johnson (as Tutor for Defendant)