Attorney General of NSW v Bragg (Preliminary) [2023] NSWSC 1412

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Bragg (Preliminary) [2023] NSWSC 1412 Hearing dates: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Button J Decision: 1. An order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ('the Act'): a. Appointing two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of two 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 31 January 2024 for a period of three months. Catchwords: MENTAL HEALTH — forensic patient — extension of status as forensic patient – application for interim extension order – previous extension order imposed for significant period – where defendant suffers from intellectual disability – extensive criminal record – where defendant on the Child Protection Register and subject to restricted liberty due to Child Protection Prohibition Orders – whether satisfied that the defendant poses unacceptable risk of causing serious harm to others if extension order not made – whether risk can be adequately managed by less restrictive means – where interim order neither consented to nor opposed by defendant – interim extension order made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 122, 127 Cases Cited: Attorney General for New South Wales v Bragg (Final) [2021] NSWSC 1054 Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Attorney General of New South Wales v Kereopa (No 2) NSWSC 928 State of NSW v Ceissman [2018] NSWSC 508 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Brendan Bragg (Defendant) Representation: Counsel: Ms C Goodhand (Plaintiff) Mr E Lovell-Jones (Defendant)