Attorney General for New South Wales v JS (Preliminary) [2024] NSWSC 1597

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v JS (Preliminary) [2024] NSWSC 1597 Hearing dates: 11 December 2024 Date of orders: 11 December 2024 Decision date: 12 December 2024 Jurisdiction: Common Law Before: Yehia J Decision: (1) Two qualified psychiatrists, registered psychologists or medical practitioners (or a combination of such persons) are to be appointed to conduct separate examinations of the defendant and furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court. (2) The defendant is directed to attend those examinations. (3) 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 limiting term on 11 December 2024, for a period of three months thereafter. (4) 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. (5) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) upon the ground set out in s 8(1)(a) of the Act, the defendant's name is to be suppressed in these proceedings and the defendant is to be referred to in connection with these proceedings, including in any published court list, by the pseudonym "JS". (6) Pursuant to s 11(2) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), Order 5 applies throughout the Commonwealth of Australia. (7) Pursuant to s 12 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), Order 5 is to operate for a period of five years from the date of these orders. Catchwords: MENTAL HEALTH – preliminary hearing – forensic patient – extension of status as forensic patient – schizophrenia – whether unacceptable risk of causing serious harm to others – consideration of other adequate, less restrictive management regimes – extension of status as forensic patient granted Legislation Cited: Crimes Act 1900 (NSW), s 61 KC(a) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 72(1)(b), 126(5), 121, 122, 130, 131; Pt 6 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 32, 33 Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: Attorney-General for New South Wales (Plaintiff) JS (Defendant) Representation: Counsel: A Wong (Plaintiff) S Fraser (Defendant)