Attorney General for New South Wales v McGregor by his tutor Katherine Johnson (Final) [2023] NSWSC 1493

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v McGregor by his tutor Katherine Johnson (Final) [2023] NSWSC 1493 Hearing dates: 23 November 2023 Date of orders: 4 December 2023 Decision date: 04 December 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 127(1)(b) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the application for an extension order is dismissed. (2) Declare that the interim extension order pronounced on 24 August 2023 remains in force by dint of the provisions of s 131of the said Act until it expires at the end of the period specified in the order. (3) The Registrar is to send a copy of this judgment to the Registrar of the Mental Health Review Tribunal. Catchwords: MENTAL HEALTH — application for extension as forensic patient — whether unacceptable risk — whether cannot be adequately managed by less restrictive means — defendant has treatment resistant paranoid schizophrenia, neurocognitive impairment and profound neurosensory deafness — expert evidence establishes that a less restrictive means of treatment is available through a community treatment order — experts concurred that the threshold question was marginal in this case — not satisfied to the requisite high degree of probability that the s 122 condition is satisfied Legislation Cited: Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 72, 123, 126-128, 131 Cases Cited: Attorney General for New South Wales v McGregor (Preliminary) [2021] NSWSC 638 Attorney General for New South Wales v McGregor (Final) [2021] NSWSC 1085 Attorney General for New South Wales v McGregor (Preliminary) [2023] NSWSC 1029 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Christopher McGregor by his tutor Dr Katherine Johnson (Defendant) Representation: Counsel: A Rose (Plaintiff) C Goodhand (Defendant)