Attorney General of New South Wales v Kereopa (Final) [2021] NSWSC 1675

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Kereopa (Final) [2021] NSWSC 1675 Hearing dates: 20 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to s 121 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) the status of the defendant as a forensic patient is extended for a period of two years from 23 December 2021 Catchwords: MENTAL HEALTH – application for extension of status as forensic patient – whether defendant poses an unacceptable risk of causing serious harm to others that cannot be managed by less restrictive means – index offending involved a number of break, enter and steal offences in circumstances of aggravation – defendant suffering from intellectual disability, schizophrenia, antisocial personality disorder, substance abuse disorder – no proposal for management by less restrictive means – no opposition to extension Legislation Cited: Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 121, 122, 124 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney-General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney-General of New South Wales v Kereopa [2019] NSWSC 1339 Attorney-General of New South Wales v Kereopa (Preliminary) [2021] NSWSC 1617 Texts Cited: Nil Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Teahu Kereopa (Defendant) Representation: Counsel: K Curry (Plaintiff) Dr J Lucy (Defendant)