Attorney-General for New South Wales v Aller [2023] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General for New South Wales v Aller [2023] NSWSC 1409 Hearing dates: 16 November 2023 Date of orders: 20 November 2023 Decision date: 20 November 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) An order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020: (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; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 130 and 131 of the Act, that the defendant be subject to an interim order for the extension of his status as a forensic patient commencing on 1 February 2024 for a period of three months. (3) I direct that the Registrar forward a copy of the report of Dr Andrew Ellis dated 2 July 2023 to the Mental Health Review Tribunal. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim orders sought to extend the status of defendant as a forensic patient – application to appoint two psychiatrists, registered psychologists or medical practitioners to conduct separate examinations of the defendant – substance abuse disorder – interim orders not opposed– orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 72(1)(b), 83(2) 121, 122, 126(4), 126(5), 127(1)(a), 128, 130, 131 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 19, 23 Cases Cited: Attorney General for NSW v McGuire [2013] NSWSC 1862 Lynn v State of NSW (2016) A Crim R 196; [2016] NSWCA 57 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Principal judgment Parties: Attorney-General for New South Wales (Plaintiff) Michael John Aller (Defendant) Representation: Counsel: S Love (Plaintiff) S Fraser (Defendant)