NSW Minister for Mental Health v Paciocco (Preliminary) [2023] NSWSC 154

Supreme Court New South Wales

Medium Neutral Citation: NSW Minister for Mental Health v Paciocco (Preliminary) [2023] NSWSC 154 Hearing dates: 22 February 2023 Decision date: 28 February 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment, Forensic Provisions Act 2020 (NSW) ("the Act"): (a) The Court appoints two qualified psychiatrists, psychologists, or medical practitioners (or any combination of two such people) to conduct separate examinations of the defendant and to furnish Reports to the Court on the results of those examinations by a date to be fixed by the Court; and (b) The Court directs the defendant to attend those examinations. (2) Pursuant to the provisions of s 130 and s 131 of the Act, the defendant is subject to an Interim Order for the extension of his status as a forensic patient, commencing 12 March 2023 for a period of three months. (3) Access to the Supreme Court file in respect of any document may not be granted to a non-party without leave of a judge of the Court, and, if any such 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 the opportunity to be heard in relation to the application for access. Catchwords: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – status as forensic patient – Interim Order extending status pending final assessment – unacceptable risk established – no less restrictive means available to manage risk – assumption that matters alleged are proved – proved to high degree of probability – interim extension granted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A Mental Health Act 2007 (NSW), s 32 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 121, 122(1), 126(5), 127, 128, 130 and 131 of the Cases Cited: Attorney-General of NSW v Doolan [2015] NSWSC 1773 Lynn v State of NSW (2016) 91 NSWLR 636; [2016] NSWCA 57 Category: Procedural rulings Parties: NSW Minister for Mental Health (Plaintiff) Steven Mark Paciocco (Defendant) Representation: Counsel: J E Davidson (Plaintiff) R Khalilizadeh (Defendant)