Attorney General of New South Wales v Randall (Final) [2023] NSWSC 708

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Randall (Final) [2023] NSWSC 708 Hearing dates: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defendant be subject to an extension of his status as a forensic patient for a period of 15 months from the date of this order, being today. (2) There is no order for costs. Catchwords: MENTAL HEALTH – forensic patient – extension of status – availability of less restrictive means to manage risk – extension issued for 15 months Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 121, 127(1)(a), 128 Category: Procedural rulings Parties: Attorney General of New South Wales (Plaintiff) Raymond Randall (Defendant) Representation: Counsel: A Rose (Plaintiff) N Evans (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2022/00375357

EX TEMPORE JUDGMENT 1. HIS HONOUR: Before the Court is an application by Summons, filed on 13 December 2022, for an order pursuant to s 121 and 127(1)(a), and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) that the defendant be subject to an order for the extension of his status as a forensic patient for a period of 2 years from the date of the order. The history of the matter is that the defendant has been the subject of an Interim Extension Order which expires on 23 June 2023, which is four days from today. As a consequence, the final order, which is the order sought from the Court as presently constituted, needs to be dealt with prior to then, for obvious reasons.