Attorney General for New South Wales v MM (Preliminary) [2024] NSWSC 599

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v MM (Preliminary) [2024] NSWSC 599 Hearing dates: 16 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Common Law Before: Sweeney J Decision: 1. Pursuant to ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 the defendant is subject to an order for the interim extension of his status as a forensic patient commencing from 28 May 2024 for a period of 3 months. 2. Pursuant to s 126(5) of the Act: (a) I appoint two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of 2 such persons) to conduct separate examinations of the defendant and to provide reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court when a date for the final hearing is fixed; and (b) I direct the defendant to attend those examinations. Catchwords: MENTAL HEALTH — Forensic patient — Extension of status as forensic patient Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Attorney General for New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Lynn v State of New South Wales [2016] NSWCA 57 Texts Cited: Nil Category: Principal judgment Parties: State of NSW (Plaintiff) MM (Defendant) Representation: Counsel: A Rose (Plaintiff) K Prince (Defendant)

Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Legal Aid (NSW) (Defendant) File Number(s): 2024/00073634 Publication restriction: Nil