Attorney General for New South Wales v Perry (bht Johnson) (Preliminary) [2024] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Perry (bht Johnson) (Preliminary) [2024] NSWSC 1002 Hearing dates: 1 August 2024 Date of orders: 1 August 2024 Decision date: 01 August 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act) I appoint two qualified psychiatrists, registered psychologists or medical practitioners (or a combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court, and I direct the defendant to attend those examinations. (2) Pursuant to ss 130 and 131 of the Act the defendant is subject to an interim order for the extension of her status as a forensic patient commencing from the expiry of the existing extension order on 15 August 2024 for a period of three months. (3) Access to the Court file in this proceeding is restricted such that access is permitted to a non-party only with the leave of a Judge of the Court and if any application for access is made by a non-party in respect of any document the parties are to be notified by the Registrar so as to allow the parties an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – high risk offender – preliminary hearing – forensic patient – interim orders sought to extend status of defendant as a forensic patient – interim orders not opposed – defendant's illness has remained treatment resistive – defendant continues to experience auditory hallucinations including commands to hurt others – statutory conditions for making of interim orders satisfied – orders made Legislation Cited: Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health Forensic Provisions Act 1990 (NSW) Cases Cited: Attorney for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for New South Wales v Perry (No 2) [2019] NSWSC 1141 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Texts Cited: Supreme Court Practice Note CL 12 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Barbara Perry (by her tutor Dr Katherine Pavlidis Johnson) (Defendant) Representation: Counsel: S Love (Plaintiff) C Akthar (Defendant)