New South Wales Minister for Mental Health v Brauer [2015] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Minister for Mental Health v Brauer [2015] NSWSC 863 Hearing dates: 30 June 2015 Date of orders: 30 June 2015 Decision date: 30 June 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ('the Act'):

a. the Court appoints one qualified psychiatrist (the identity of whom is to be agreed between the parties) and one registered psychologist (the identity of whom is to be agreed between the parties) to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Court, such reports to be furnished to the Court on or before 17 August 2015 or such further time as I may allow; and

b. The defendant is directed to attend those examinations.

2. Pursuant to clause 10 of Schedule 1 of the Act, the Court makes an interim extension order in respect of the Defendant for a period of 28 days from 1 July 2015.

3. Stand the proceedings over to 9:30 am on 21 July 2015 before me to hear any application to extend the interim extension order referred to in order 2 above. Catchwords: CRIMINAL LAW – forensic patient – application for interim extension order – limiting term due to expire – preliminary hearing – whether unacceptable risk of causing serious harm to others if status as forensic patient ceases – whether risk can be adequately managed by less restrictive means – meaning of "high degree of probability" – interim extension order granted – one qualified psychiatrist and one registered psychologist appointed to examine defendant Legislation Cited: Bail Act 2013 (NSW) Pt 3 Bail Act 1977 (Vic) s 4 Bail Act 1980 (Qld) Crimes Act 1900 (NSW) s 66A(1) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Pt 5, ss 4, 11, 12, 36, 46, 46A Mental Health (Forensic Provisions) Act 1990 (NSW) Pt 5, ss 4, 19, 23, 24, 40, 42, 43, 47, 47(2A), 49, 53, 54A, 74, 75, Sch 1 Mental Health Act 2007 (NSW) Ch 3, Pt 2 NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney General for New South Wales v Tillman [2007] NSWCA 119; 70 NSWLR 448 Cornwell v Attorney General for New South Wales [2007] NSWCA 374 Gardner v Regina [2003] NSWCCA 199 Scott v Commercial Hotel Merbein Pty Ltd [1930] VLR 25 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 308 State of New South Wales v Richardson (No 2) (2011) 210 A Crim R 220 Texts Cited: Pearce & Geddes, Statutory Interpretation in Australia, 8th edition, 2014 Category: Principal judgment Parties: New South Wales Minister for Mental Health (Plaintiff) Kingsford Gregory Brauer (Defendant) Representation: Counsel: G Wright (Plaintiff) S Kluss (Defendant)