Attorney General of New South Wales v Ramirez (by his tutor Johnson) (Final) [2022] NSWSC 1776

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Ramirez (by his tutor Johnson) (Final) [2022] NSWSC 1776 Hearing dates: 6 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Order, pursuant to ss 121 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that James Aaron Ramirez be subject to an order for the extension of his status as a forensic patient for a period of two (2) years commencing on 29 December 2022 to continue to 28 December 2024. (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 second limb or as to duration should orders be made Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 69, 72, 121, 122, 124, 125, 127, 128 Mental Health (Forensic Provisions) Act 1990 (NSW) ss 24, 42 Mental Health Act 2007 (NSW) ss 14, 33 Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Simcock [2016] NSWSC 1805 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Devaney (Final) [2022] NSWSC 60 at [73] Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274 Attorney-General of New South Wales v Ramirez [2018] NSWSC 662 Attorney-General of New South Wales v Ramirez (No 4) (Final Orders) [2018] NSWSC 1466. Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) James Aaron Ramirez (Defendant) Representation: Counsel: A Rose (Plaintiff) C Goodhand (Defendant)