NSW Minister for Mental Health v Paciocco (No 3) (Final) [2023] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: NSW Minister for Mental Health v Paciocco (No 3) (Final) [2023] NSWSC 587 Hearing dates: 1 June 2023 Date of orders: 7 June 2023 Decision date: 07 June 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to s 121 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (No 12) (NSW) that the status of the defendant as a forensic patient be extended up to and including 11 June 2028. Catchwords: MENTAL HEALTH – application for extension of status as forensic patient – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – final order – where three prior orders made over a 6 year' period – whether defendant continues to pose unacceptable risk of harm to others – no substantial change in defendant's condition – whether defendant could be managed by less restrictive means – length of order – extension granted Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (No 12) (NSW) ss 121, 122, 124, 125, 127, 133 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Minister for Mental Health v Paciocco [2016] NSWSC 1530 Minister for Mental Health v Paciocco [2017] NSWSC 4 NSW Minister for Mental Health v Paciocco (No. 2) [2018] NSWSC 866 Minister for Mental Health v Paciocco (Final) [2020] NSWSC 205 NSW Minister for Mental Health v Paciocco (Preliminary) [2023] NSWSC 154 Texts Cited: Nil Category: Principal judgment Parties: NSW Minister for Mental Health (Plaintiff) Steven Mark Paciocco (Defendant) Representation: Counsel: J Davidson & J Cooper (Plaintiff) R Khalilizadeh (Defendant)