State of New South Wales v Farzad (also known as Arthur Fairwell) (Final) [2024] NSWSC 265

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Farzad (also known as Arthur Fairwell) (Final) [2024] NSWSC 265 Hearing dates: 1 February 2024, 1 March 2024 and 15 March 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) An order pursuant to s 17(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant be subject to an extended supervision order for a period of two years from the date of the order and pursuant to s 11 I direct that the defendant comply with the conditions set out in the attached schedule. (2) I decline to make a continuing detention order. (3) I formally revoke the interim detention order made by Dhanji J. (4) I strongly urge the Mental Health Review Tribunal to consider a forensic community treatment order. (5) I recommend that the Mental Health Review Tribunal have the reports of Dr Elliott and Dr Smith and that this judgment be provided to the Tribunal. Catchwords: CIVIL LAW – high risk sexual offender – application for continued detention order – complex diagnostic challenge – uncertainty over diagnosis – where psychotic illness complicated by personality disorder – tirades of abuse – mental condition masked by nasty and aggressive abuse of authority figures – where court appointed experts disagree on management of risk legislative or administrative hole – crossroads of mental health and high risk offender legislation – uncertainty over accommodation – defendant not engaging with assessments for appropriate accommodation – cheeky and unrealistic demands regarding accommodation – two bedder by the seaside – plaintiff's reluctant applications for adjournment – defendant incarcerated – "Parkinson's Law" – cycle – application for adjournment refused – community safety – continued detention – superficially preferable – protective purpose better achieved by supervision and rehabilitation – conditions of extended supervision order – relevant principles – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 10(1), 17(1)(a), 17(1)(b), 18(1), 18C Bail Act 2013 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Pt 2 Mental Health Act 2007 (NSW) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Arash Farzad (Arthur Fairwell) (Defendant) Representation: Counsel: P Aiken and R Thampapillai (Plaintiff) B Kennedy (Defendant)