Attorney General of NSW v Rohan (a pseudonym) (Preliminary Hearing) [2023] NSWSC 1427

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Rohan (a pseudonym) (Preliminary Hearing) [2023] NSWSC 1427 Hearing dates: 8 November 2023 Date of orders: 8 November 2023 Decision date: 08 November 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to section 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act"): a. two qualified psychiatrists, registered psychologists or medical practitioners (or a combination of such persons) be appointed 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. the Defendant is directed to attend those examinations. 2. Pursuant to ss. 130 and 131 of the Act, the Defendant is subject to an interim order for the extension of his status as a forensic patient commencing upon the expiry of his current extension order on 1 March 2024, for a period of 3 months thereafter. 3. The parties are granted liberty to approach the Registrar of the Supreme Court, copy to the Associate to Justice Yehia, to seek a date for further Directions to fix a date for final hearing and any consequent timetabling orders. Catchwords: MENTAL HEALTH – forensic patient subject to a limiting term and earlier extension order – defendant with intellectual disability and diagnosed paedophilia – question of further extension order – question of preliminary orders for appointment of experts to assess defendant and report to Court - whether making of extension justified on assumption matters alleged in supporting documentation proved – concession by defendant as to preliminary orders – orders for examination made – interim extension order made Legislation Cited: Mental Health Act 2007 (NSW) Mental Health Cognitive Impairment Forensic Proceedings Act 2020 (NSW) Cases Cited: Attorney General for New South Wales v Rohan (a pseudonym) by his tutor Johnson (Final) [2021] NSWSC Attorney General for New South Wales v Rohan (a Pseudonym) (Preliminary) [2020] NSWSC 1610 Category: Principal judgment Parties: Attorney General of NSW (Plaintiff) Rohan (a pseudonym) (Defendant) Representation: Counsel: A Rose (Plaintiff) G Marsden (Defendant)