Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274 Hearing dates: 12 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to ss 121 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that the defendant be subject to an order for the extension of his status as a forensic patient for a period of 3 years from 21 September 2022. (2) Direct that the Registrar of the Court notify the Tribunal of the making of the above extension order. Catchwords: CIVIL – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – forensic patient – interim extension order due to expire – application for extension order – whether unacceptable risk of causing serious harm if status as forensic patient ceases – whether risk can be managed adequately by less restrictive means – where no dispute as to duration should orders be made Legislation Cited: Crimes Act 1900 (NSW), ss 29, 33 Crimes (High Risk Offenders) Act NSW (2006) Interpretation Act 1987 (NSW), s 30C Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 3, 69, 72, 121, 122, 123, 124, 125, 126, 127, 128, Sch 2 Cl 9 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 14, 22, 23, 42, 68 Cases Cited: Attorney General for New South Wales v Haines (Preliminary) [2022] NSWSC 458 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for the State of New South Wales v Boyce (No.2) [2017] NSWSC 648 Attorney General of New South Wales v Beryalay (bht Johnson) (Final) [2019] NSWSC 816 Attorney General of New South Wales v Beryalay (bht Johnson) (Preliminary) [2019] NSWSC 252 Attorney General of New South Wales v Beryalay (bht Johnson) (Preliminary) [2022] NSWSC 852 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 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 Minister for Mental Health v Paciocco [2017] NSWSC 4 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2019] NSWSC 1551 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Mustaba Beryalay (Defendant) Representation: Counsel: Ms K Curry (Plaintiff) Mr D Bhutani (Defendant)