Attorney General for New South Wales v Kereopa (Preliminary) [2021] NSWSC 1617

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Kereopa (Preliminary) [2021] NSWSC 1617 Hearing dates: 7 October 2021 Date of orders: 7 October 2021 Decision date: 14 December 2021 Jurisdiction: Common Law Before: Ierace J Decision: Orders made 7 October 2021: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020: (a) appoint two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of two 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; (b) direct the defendant to attend those examinations; (2) Pursuant to ss 121, 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 the defendant is subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 12 October 2021 for a period of three months; (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access Catchwords: MENTAL HEALTH – Forensic patient – Extension of status as forensic patient – Where defendant assessed as having a mild to moderate intellectual disability – Where defendant diagnosed with schizophrenia, substance use disorder and antisocial personality disorder – Where defendant assessed by forensic experts as having a high risk of reoffending – Where no less restrictive means available to adequately manage the defendant's risk – Where defendant did not oppose making of interim extension order Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 69, 72, 121, 122, 126, 127, 130 Cases Cited: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General for New South Wales v Kereopa [2019] NSWSC 1339 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Category: Procedural rulings Parties: Attorney General for New South Wales (Plaintiff) Teahu Kereopa (Defendant) Representation: Counsel: K Curry (Plaintiff) J Lucy (Defendant)