Attorney General for NSW v DB (Final) [2023] NSWSC 250

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v DB (Final) [2023] NSWSC 250 Hearing dates: 3 March 2023 Decision date: 21 March 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to ss 121, 127 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the status as a forensic patient of the defendant, DB, is extended for a period of two years, commencing from the date of this order. (2) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court and, if any 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 an opportunity to be heard in relation to the application for access. (3) The Court strongly recommends that the Mental Health Review Tribunal and/or the forensic team providing care to the defendant initiate steps for the release of the defendant on a Conditional Release Order at a convenient time not more than 12 months from the date of this order and, within that further 12 months, organise for a regime of the kind recommended by Dr Elliott in the expert report to the Court. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – unacceptable risk – whether alternate means to manage risk – means not currently available – risk exacerbated by alteration in regime itself – further 12 months of status required to organise community living, then further 12 months to stabilise alteration in regime and accommodation – extension granted for 2 years Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 33, 63, 121, 122(1), 125(b), 126(5), 127, 128 Cases Cited: R v Engert (1995) 84 A Crim R 67 Stewart v R [2012] NSWCCA 183 Category: Principal judgment Parties: Attorney General for NSW (Plaintiff) DB (Defendant) Representation: Counsel: K Curry (Plaintiff) B Fogarty (Defendant)