Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Hearing dates: 30 July 2021 Date of orders: 30 July 2021 Decision date: 19 August 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court orders that pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the defendant be subject to an order for the extension of his status as a forensic patient for a period of one (1) year from the date of the order. Catchwords: CIVIL – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for final relief – general principles – forensic patient – factors under s 127(2) – unacceptable risk – orders Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provision) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Mulipola (Preliminary) [2021] NSWSC 790 Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v McGuire (No 2) [2014] NSWSC 288 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Attorney General of NSW v Doolan (No 2) [2016] NSWSC 107 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Cornwall v Attorney General of New South Wales [2007] NSWCA 374 R v Mulipola (Unreported, District Court of NSW, Judge Hock, 28 June 2001) R v Mulipola (Unreported, District Court of NSW, Judge Norman SC, 9 December 2016) Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Levi Mulipola (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) L Jardim (Defendant)