Attorney General for New South Wales v Andrews (by his tutor Johnson) (Preliminary) [2023] NSWSC 1059

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Andrews (by his tutor Johnson) (Preliminary) [2023] NSWSC 1059 Hearing dates: 24 August 2023 Date of orders: 24 August 2023 Decision date: 07 September 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) An order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (the Act): (a) appointing two qualified psychiatrists, registered psychologists or medical practitioners (or a combination of such persons) to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court, if not agreed earlier between the parties. (b) directing the Defendant to attend those examinations. (2) Order pursuant to s 130 and s 131 of the Act, that the Defendant be subject to an interim order for the extension of his status as a forensic patient commencing immediately on the expiration of his limiting term and on 31 August 2023 for a period of 3 months. (3) An order that 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. (4) The parties have liberty to apply on two days' notice. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – application for interim extension order – whether making of extension justified on assumption matters alleged in supporting documentation proved – extension order would be justified – orders for examination made – interim extension order made Legislation Cited: Crimes Act 1900 (NSW), s 203E Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 69, 121, 122, 123, 124, 125, 126, 127, 130, 131 Cases Cited: Andrews v R [2011] NSWCCA 24 Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General for New South Wales v Randall (Final) [2021] NSWSC 275 Attorney General of New South Wales v Kereopa (No. 2) [2017] NSWSC 928 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General for the State of New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 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; [2016] NSWCA 57 R v Andrews [2022] NSWDC 743 State of New South Wales v BP (Preliminary) [2019] NSWSC 699 State of New South Wales v Hackett (Preliminary) [2022] NSWSC 417 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shane Andrews (Defendant) Representation: Counsel: P Aitken (Plaintiff) B Pierce (Defendant)