Attorney General of New South Wales v Cooper (by his tutor Stephen Stuart) (Final) [2024] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Cooper (by his tutor Stephen Stuart) (Final) [2024] NSWSC 1545 Hearing dates: 05 November 2024 Date of orders: 03 December 2024 Decision date: 03 December 2024 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Order, pursuant to ss 121 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that Mr Raymond John Cooper (also known as Mr Raymond Elliott) be subject to an order for the extension of his status as a forensic patient for a period of two (2) years commencing on 4 December 2024 to continue to 3 December 2026. (2) Direct that the Registrar of the Court notify the Mental Health Review Tribunal of the making of the above extension order. Catchwords: CIVIL – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – forensic patient – extension order – final hearing – history of child abuse material offending – index offences of use carriage service to access and possess child abuse material and contravene prohibition order and fail to comply with reporting obligations – where experts of opinion that patient should remain a forensic patient – whether Court satisfied to high degree of probability that there is unacceptable risk of causing serious harm to others – where serious harm includes psychological harm – where there is an unacceptable risk of serious psychological harm to child participants in child abuse material that is viewed or copied or shared or accessed – where accessing child abuse material perpetuates a market and creates an unacceptable risk of causing serious harm to children used in the creation of new child abuse material – where risk cannot be adequately managed by less restrictive means – extension order granted for period of two years Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) ss 5, 13 Child Protection (Offenders Registration) Act 2000 (NSW) s 17 Crimes Act 1900 (NSW) ss 20BA, 61E Crimes Act 1914 (Cth) s 20BA Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth) ss 474.22, 474.22A Mental Health Act 2007 (NSW) s 14 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 62, 69, 72, 121-128, 130, 131 Cases Cited: Attorney General for New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Attorney General of New South Wales v Cooper (Preliminary) [2024] NSWSC 1083 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Lane (Final) [2019] NSWSC 1460 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Booth [2009] NSWCCA 89 R v De Leeuw [2015] NSWCCA 183 R v Porte [2015] NSWCCA 174 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 Kamm (Final) [2016] NSWSC 1 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Texts Cited: Nil Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Raymond John Cooper by his tutor Stephen Stuart (Defendant) Representation: Counsel: S Love (Plaintiff) C Goodhand (Defendant)