Attorney General of NSW v McGregor (Final) [2021] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v McGregor (Final) [2021] NSWSC 1085 Hearing dates: 13 August 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Common Law Before: Campbell J Decision: The defendant is subject to an order for the extension of his status as a forensic patient for a period of 2 years Catchwords: MENTAL HEALTH – forensic patient – application for extension of status as forensic patient – whether unacceptable risk posed by defendant – consideration of statutory factors – Whether less restrictive measures available to effectively manage risk – no question of principle Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 121; 122; 125; 127; 128; 130; sch 2, cl 9 Mental Health (Forensic Provisions) Act 1990 (NSW) ss 24, 42 Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v Doolan (No 2) [2016] NSWSC 107 Attorney General for New South Wales v McGregor (Preliminary) [2021] NSWSC 638 Attorney General for the State of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General for the State of New South Wales v Kereopa [2017] NSWSC 411 Kesavaraja v The Queen (1994) 181 CLR 230 R v Presser (1958) VR 45 Texts Cited: Nil Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Chris McGregor (Defendant) Representation: Counsel: P. Aitken (Plaintiff) C. Goodhand (Defendant)