Attorney General for New South Wales v Aller (Final) [2024] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Aller (Final) [2024] NSWSC 33 Hearing dates: 30 January 2024 Decision date: 02 February 2024 Jurisdiction: Common Law Before: Button J Decision: 1. An order pursuant to s 133 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act") that order 2 of the orders made by Justice Walton on 20 November 2023 is revoked. 2. An order pursuant to ss 121, 127(1)(a) and 128 of the Act that the Defendant is subject to an order for the extension of his status as a forensic patient for a period of two years from the date of the order, Friday 2 February 2024. Catchwords: MENTAL HEALTH — forensic patient — extension of status as forensic patient – whether unacceptable risk of causing serious harm to others – consideration of statutory factors – whether less restrictive measures available to manage risk – where defendant found unfit to stand trial – limiting term imposed for manslaughter of domestic partner – where extension order not opposed – dispute confined to length of order – extension granted for a period of two years Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 121, 127, 128 Cases Cited: R v Aller [2014] NSWSC 360 Attorney-General for New South Wales v Aller [2023] NSWSC 1409 R v Aller (No 2) [2015] NSWSC 402 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Michael Aller by his tutor Dr Katherine Johnson (Defendant) Representation: Counsel: S Love (Plaintiff) S Fraser (Defendant)