Attorney General of New South Wales v Skerry (by his tutor Ramjan) (Final) [2022] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Skerry (by his tutor Ramjan) (Final) [2022] NSWSC 99 Hearing dates: 9 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 121, 127 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), I order that the defendant be subject to an order for the extension of his status as a forensic patient for a period of three years from midnight on 13 February 2022. (2) Access to the Court file in this proceeding is restricted such as that access would be 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 – forensic patient – extension of status as forensic patient – schizophrenia – presently psychotic – parties in agreement that extension order should be made – consideration of statutory criteria – whether unacceptable risk of causing serious harm to others – consideration of other adequate, less restrictive management regimes under the Mental Health Act and Guardianship Act – length of time – different durations proposed in expert reports – transition period – extension of three years granted Legislation Cited: 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 Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Skerry (by his tutor Ramjan) (Preliminary) [2021] NSWSC 1393 Attorney General of New South Wales v CD (Supreme Court (NSW), 24 November 2016, unrep) Attorney General of New South Wales v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry [2018] NSWSC 1161 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 Minister for Mental Health v Paciocco [2017] NSWSC 4 Re J (No 2) [2011] NSWSC 1224 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Michael John Skerry (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) L Jardim (Defendant)