Attorney General for New South Wales v Andrews (by his tutor Johnson) (Final) [2023] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Andrews (by his tutor Johnson) (Final) [2023] NSWSC 1468 Hearing dates: 22 November 2023 Date of orders: 22 November 2023 Decision date: 30 November 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) Pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, 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 22 November 2023. (2) I direct the Registrar to notify the Mental Health Review Tribunal of these orders. Catchwords: MENTAL HEALTH – application for extension of defendant's status as a forensic patient – whether the defendant poses an unacceptable risk of serious harm – risk conceded – orders made Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Attorney General for New South Wales v Andrews (by his tutor Johnson) (Preliminary) [2023] NSWSC 1059 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Shane Andrews by his tutor Dr Katharine Johnson (Defendant) Representation: Counsel: P Aitken (Plaintiff) B Pierce (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Glenn R Walters & Co (Defendant) File Number(s): 2023/260479 Publication restriction: Nil

JUDGMENT 1. By Summons filed on 16 August 2023, the plaintiff Attorney General for New South Wales sought the following final relief: "An order pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (the Act) 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 be made." 1. At the time that the Summons was filed, the defendant Shane Andrews was serving a limiting term imposed by Coleman SC DCJ on 13 July 2023 after a finding following a special hearing that the defendant deliberately lit five fires between 2 and 5 December 2019. Mr Andrews was found unfit to stand trial for that conduct by reason of cognitive impairment by Herbert DCJ. The defendant was represented in these proceedings by a tutor, Dr Katherine Johnson. 2. On 24 August 2023, Wright J granted interim relief by way of an order appointing two qualified experts to furnish reports with respect to the defendant, and an order that the defendant be subject to an interim extension of his status as a forensic patient commencing on 31 August 2023 for three months: see Attorney General for New South Wales v Andrews (by his tutor Johnson) (Preliminary) [2023] NSWSC 1059 (Andrews Preliminary). That order is due to expire on 30 November 2023. This judgment should be read in conjunction with Andrews Preliminary. 3. On 22 November 2023, there was a final hearing after which I made the final orders sought in the Summons. Mr Pierce, who appeared on behalf of the defendant did not contest the orders, and indeed conceded that an order for an extension of his status as a forensic patient was appropriate in the circumstances of the case, based on the high degree of probability that the defendant poses an unacceptable risk of causing serious harm with respect to sexual offending and that this risk cannot be adequately managed by other less restrictive means. It was submitted by Mr Pierce that an extension order in the range of 18 months to 2 years would be appropriate. 4. In those circumstances, I made the final orders sought. What follows are my reasons for being independently satisfied that the orders are appropriate. I am grateful to Mr Aitken, who appeared for the Attorney General, and Mr Pierce, for the collaborative manner in which they approached these proceedings.