Attorney General for New South Wales v Bragg (Final) [2024] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Bragg (Final) [2024] NSWSC 316 Hearing dates: 20 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to ss 121 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that the defendant be subject to an order for the extension of his status as a forensic patient for a period of 3 years from 30 April 2024. (2) Direct that the Registrar of the Court notify the Mental Health Review Tribunal of the making of the above extension order. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – final hearing – where defendant has been diagnosed with an intellectual disability and paedophilic disorder – whether the risk of causing serious harm to others can be adequately managed by other less restrictive means – where defendant subject to guardianship order, obligations under the Child Protection (Offenders Registration) Act 2000 (NSW) and in receipt of NDIS funding – application for final extension order granted Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Interpretation Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) (repealed) Cases Cited: Attorney General for New South Wales v Bragg (Final) [2021] NSWSC 1054 Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Attorney General for New South Wales v Haines (Preliminary) [2022] NSWSC 458 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Attorney General for the State of New South Wales v Boyce (No. 2) [2017] NSWSC 648 Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274 Attorney General of New South Wales v Beryalay by his tutor Thompson (Final) [2019] NSWSC 816 Attorney General of New South Wales v Beryalay by his tutor Thompson (Preliminary) [2019] NSWSC 252 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Attorney General of NSW v Williams (by his tutor Ainsworth) (Final) [2023] NSWSC 426 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Minister for Mental Health v Paciocco [2017] NSWSC 4 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Richardson (Final) [2020] NSWSC 1809 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 Category: Principal judgment Parties: Attorney General for New South Wales (plaintiff) Brendan Bragg (defendant) Representation: Counsel: E Lovell-Jones (plaintiff) C Goodhand (defendant)