Attorney General for NSW v DB [2022] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v DB [2022] NSWSC 1546 Hearing dates: 11 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Common Law Before: Walton J Decision: In all the circumstances, the Court makes the following orders: (1) Order pursuant to s 126(5) of 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 this 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) Order pursuant to ss 130 and 131 of the Act, that the defendant shall be subject to an interim order for the extension of his status as a forensic patient commencing from midnight 28 December 2022 for a period of three months; (3) Liberty is granted to the parties to approach the High Risk Offenders List Judge to obtain hearing dates for any application for an extension of the interim order or the final hearing of the matter, and to fix a timetable for the filing and service of evidence and submissions. Catchwords: CIVIL - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for interim extension order – preliminary hearing - general principles – forensic patient – statutory conditions for making of interim orders satisfied – orders made Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 66C Crimes (High Risk Offenders) Act 2006 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive impairment Forensic Provisions Act 1990 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 72, 121, 126(4), 126(5), 130, 131 Cases Cited: Attorney General for New South Wales v Mulipola (Preliminary) [2021] NSWSC 790 Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Attorney General v Gallagher [2006] NSWSC 340 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) DB (Defendant) Representation: Counsel: K Curry (Plaintiff) B Fogarty (Defendant)