Attorney General for New South Wales v Bragg (Final) [2021] NSWSC 1054

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Bragg (Final) [2021] NSWSC 1054 Hearing dates: 28 July 2021 Date of orders: 28 July 2021 Decision date: 25 August 2021 Jurisdiction: Common Law Before: Ierace J Decision: Orders made on 28 July 2021: (1) Pursuant to ss 121 and 127 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defendant's status as a forensic patient is extended for a period of 2 years and 6 months from 31 July 2021, being the date on which the Interim Extension Order made by Wright J on 29 April 2021, expires. (2) Access to the Court's file in this proceeding is restricted such that access will be granted to a non-party only with the leave of a Judge of the Court and with prior notice to the parties, so as to allow them an opportunity to be heard in respect of the application for access. (3) The Registrar is to notify the Mental Health Review Tribunal of the making of order (1). Catchwords: MENTAL HEALTH – Forensic patient – Extension of status as forensic patient – Where defendant diagnosed with mild-moderate intellectual disability and paedophilic disorder – Where combination of Child Protection Register, Child Protection Prohibition Order and medication deemed inadequate to manage risk of defendant causing serious harm to others – Where oversight by the Mental Health Review Tribunal pursuant to an extension order more appropriate to proactively manage risk of defendant – Where appropriate length of extension order in dispute Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 13 Crimes Act 1900 (NSW), ss 80G, 91H Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 69, Pt 6 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 14, 24, 40, 42, 54A, Sch 1 Cases Cited: Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Attorney General of New South Wales v WB (Final) [2020] NSWSC 152 Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Brendan Bragg (Defendant) Representation: Counsel: Ms S Love (Plaintiff) Mr A Evers (Defendant)