Attorney General of New South Wales v Randall (Preliminary) [2023] NSWSC 226 [2023] NSWSC 226

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Randall (Preliminary) [2023] NSWSC 226 [2023] NSWSC 226 Hearing dates: 15 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW): (a) The Court appoints two qualified psychiatrists, registered psychologists, or medical practitioners (or a combination of such persons), to conduct separate examinations of the defendant and furnish reports to the Supreme 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 ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that the defendant is subject to an Interim Order for the extension of his status as a forensic patient, commencing at midnight, on 24 March 2023, for a period of three months. (3) The proceedings are listed in the High-Risk Offenders Callover List on 16 March 2023, at 9:30 am. Catchwords: MENTAL HEALTH – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – Status as a forensic patient – Interim Order extending status for three months – Unacceptable risk established – No less restrictive means available to manage risk – Assumption that matters alleged are proved – Proved to a high degree of probability – Interim extension granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B(d), 5D Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) ss 51, 53, 56, 57(1), 57(2), 57(3) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 121, 122, 122(1)(b) 124(1), 126(5), 127, 127(1), 127(2), 127(2)(d), 127(2), 130, 131 Mental Health (Forensic Provisions) Act 1990 (NSW) ss 14(b) Cases Cited: Attorney General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney-General (NSW) v Doolan (by his tutor Jennifer Thompson (No 2)) [2016] NSWSC 107 Attorney-General (NSW) 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 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 Devaney (Final) [2022] NSWSC 60 State of New South Wales v Holschier (No. 2) [2018] NSWSC 1921 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Loto [2018] NSWSC 1522 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Raymond Randall (Defendant) Representation: Counsel: A Rose (Plaintiff) N Evans (Defendant)