Attorney General for New South Wales v Skerry (by his tutor Ramjan) (Preliminary) [2021] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Skerry (by his tutor Ramjan) (Preliminary) [2021] NSWSC 1393 Hearing dates: 22 October 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Common Law Before: Dhanji J Decision: Pursuant to 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act): (1) I appoint two qualified psychiatrists 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 direct the defendant to attend those examinations. (2) Pursuant to ss 130 and 131 of the Act, the defendant is to be subject to an interim order for the extension of his status as a forensic patient commencing from the expiry of the existing extension order for a period of three months. (3) Access to the court file is restricted in this proceeding such that access is permitted 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. Catchwords: MENTAL HEALTH – high risk offender – preliminary hearing – forensic patient – defendant on community treatment order at time of index offence – preliminary trial of index offence whereupon defendant found to be unfit – consequent detention in prison hospital facility – offence made out in special hearing – resultant detention in mental health facility – extension orders made twice thereafter – interim orders sought to extend status of defendant as a forensic patient – interim orders not opposed – making of final order opposed – potentially limited efficacy of community treatment order – continued oversight of Tribunal determined to be preferable course of risk management – statutory conditions for making of interim orders satisfied – orders made Legislation Cited: Mental Health Act 2007 (NSW), ss 50, 51, 52, 53, 54, 55, 56 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 65, 69, 72, 81, 85, 121, 123, 124, 125, 126, 127, 131 Mental Health (Forensic Provisions) Act 1990 (NSW) (repealed), ss 24, 42 Cases Cited: Attorney General of New South Wales v CD (Supreme Court (NSW), 24 November 2015, unrep) Attorney General for New South Wales v Kapeen (Preliminary) [2018] NSWSC 619 Attorney General of NSW v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Michael Skerry (by his tutor Ms Ramjan) (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) L Jardim (Defendant)