Attorney General for New South Wales v MM (a pseudonym) (bht Johnson) (Final) [2024] NSWSC 1030

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v MM (a pseudonym) (bht Johnson) (Final) [2024] NSWSC 1030 Hearing dates: 7 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to ss 121 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defendant's status as a forensic patient is extended for a period of 12 months from today, 16 August 2024. (2) Access to the reports of the two court appointed experts is to be provided to the defendant's treating team. (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without 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 them an opportunity to be heard in relation to the application for access. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – where defendant charged with aggravated sexual assault and found unfit to be tried – lifetime of alcohol abuse by defendant – neurocognitive impairment – risk of relapse – whether unacceptable risk of causing serious harm to others – consideration of other less restrictive means – two court appointed experts – expert reports – impressive progress made by defendant – a finely balanced matter – where Court accepts the views of both experts that an extended order is the least restrictive means available to adequately manage the defendant's risk – order required to enable the establishment of therapeutic relationships and stability in the community – shorter period of time than sought by the plaintiff warranted –12 months a sufficient period – extension order made Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General for New South Wales v MM (Preliminary) [2024] NSWSC 599 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) MM (a pseudonym) (bht Johnson) (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) K Prince (Defendant)