Attorney General of New South Wales v Skerry (bht Limbury) (Preliminary) [2024] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Skerry (bht Limbury) (Preliminary) [2024] NSWSC 1520 Hearing dates: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act): (a) Two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of two such persons) be appointed 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, and (b) 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 his status as a forensic patient commencing upon the expiry of his current extension order on 12 February 2025, for a period of three months; (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without 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 them an opportunity to be heard in relation to the application for access. Catchwords: MENTAL HEALTH – preliminary hearing – forensic patient – appointment of psychiatrists and/or psychologists to conduct examination of the defendant – extension of status as forensic patient – whether defendant poses an unacceptable risk of serious harm to others if he ceases to be a forensic patient – whether defendant cannot be managed adequately by less restrictive means Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Crimes Act 1900 (NSW), s 61J(1) Evidence Act 1995 (NSW), s 191 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 121, 122, 124, 126, 127, 128, 130, 131 Uniform Civil Procedure Rules 2005 (NSW), r 7.14 Cases Cited: Attorney General of New South Wales v CD (Supreme Court (NSW), Adams J, 24 November 2016 unrep) Attorney General of New South Wales v Skerry (by his tutor Ramjan) (Final) [2022] NSWSC 99 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Category: Procedural rulings Parties: Attorney General of New South Wales (Plaintiff) Michael Skerry (by his tutor Ashley Limbury) (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) C Feiner (Defendant)