Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Preliminary) [2022] NSWSC 852

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Preliminary) [2022] NSWSC 852 Hearing dates: 15 June 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Common Law Before: Walton J Decision: (1) By way of interlocutory relief, an order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act"): (a) appointing 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 by the Court; and (b) directing the Defendant to attend those examinations. (2) By way of interim relief, an order pursuant to ss 130 and 131 of the Act, that the Defendant be subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 10 July 2022 for a period of three months. (3) By way of ancillary relief, an order that 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 – high risk offender – preliminary hearing – forensic patient – risk of harm to the community – substance use disorder – interim orders sought to extend status of defendant as a forensic patient – interim orders not opposed – making of final order opposed – statutory conditions for making of interim orders satisfied – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 72, 121, 122, 123, 126, 127, 130, 131; Pt 6 Cases Cited: Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Category: Principal judgment Parties: Attorney-General for New South Wales (Plaintiff) Mustaba Beryalay (by his tutor Dr Katherine Johnson) (Defendant) Representation: Counsel: K Curry (Plaintiff) D Bhutani (Defendant)