Attorney General for New South Wales v Wright (by his tutor Johnson) (Preliminary) [2022] NSWSC 537

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Wright (by his tutor Johnson) (Preliminary) [2022] NSWSC 537 Hearing dates: 26 April 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) an order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) that: (a) two qualified psychiatrists or registered psychologists or registered medical practitioners (or any combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date agreed between the parties; and (b) the defendant is directed to attend those examinations. (2) an order pursuant to ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act, that the defendant is subject to an interim extension of his status as a forensic patient commencing from midnight at the end of 16 May 2022, for a period of 3 months. (3) liberty to the parties to apply on two days' notice in relation to order (1) if the parties cannot reach agreement for the purposes of either paragraph of that order. (4) the Registrar, pursuant to s 127(3) of the Mental Health and Cognitive Impairment Forensic Provisions Act, is to inform the Mental Health Review Tribunal of the making of the extension order referred to in order (2) by providing to the Tribunal a copy of the orders and the judgment in this matter. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – application for interim extension order – whether making of extension justified on assumption matters alleged in supporting documentation proved – extension order would be justified – orders for examination made – interim extension order made 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), ss 69, 72, 121, 122, 123, 124, 125, 126, 127, 130, 131 Mental Health (Forensic Provisions) Act 1990 (NSW), s 54A, Sch 1 Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General for New South Wales v Randall (Final) [2021] NSWSC 275 Attorney General of New South Wales v Kereopa (No. 2) [2017] NSWSC 928 Attorney General of New South Wales v WB [2020] NSWCA 7 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) 91 NSWLR 636; [2016] NSWCA 57 R v Wright [2020] NSWDC 162 State of New South Wales v BP (Preliminary) [2019] NSWSC 699 State of New South Wales v Hackett (Preliminary) [2022] NSWSC 417 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Matthew Wright (Defendant) Representation: Counsel: K Ng (Plaintiff) Solicitor Advocate: T Spohr (Defendant)