Attorney General for New South Wales v Haines (Preliminary) [2022] NSWSC 458

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Haines (Preliminary) [2022] NSWSC 458 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 14 April 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020: (a) The Court appoints two qualified psychiatrists or two registered psychologists (or a combination of such persons) to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 31 May 2022; and (b) The defendant is directed to attend those examinations. (2) Pursuant to ss 130 and 131 of the Act, the Defendant is subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 24 April 2022 and expiring three (3) months after that date. Catchwords: MENTAL HEALTH – forensic patient – extension of status as a forensic patient – extension order made Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2017 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252 Attorney-General (NSW) v Doolan [2015] NSWSC 1773 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Lynn v State of NSW [2016] NSWCA 57 Category: Procedural rulings Parties: Attorney General for New South Wales (Plaintiff) Dale Thomas Haines (Defendant) Representation: Counsel: K Curry (Plaintiff) L Jardim (Defendant)