NSW Minister for Mental Health v BB [2015] NSWSC 1418

Supreme Court New South Wales

Medium Neutral Citation: NSW Minister for Mental Health v BB [2015] NSWSC 1418 Hearing dates: 21 September 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. Pursuant to Clause 7(1)(a) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990, the status of the defendant as a forensic patient is extended for a period of 2 years on and from 30 September 2015. Catchwords: CRIMINAL LAW – Application by the Minister for an order extending the status of the defendant as a forensic patient for a period of 2 years – Where defendant charged with having sexual intercourse with a child under the age of 10 years – Where defendant found unfit to be tried – Limited term imposed upon the defendant following a special hearing – Limiting term completed – Whether the defendant posed an unacceptable risk of causing serious harm to others if he ceased being a forensic patient – Whether any identified risk could be adequately managed by other less restrictive means – Where proffered alternative involved the placement of the defendant in an aged care facility – Where medical evidence supported the conclusion that ongoing treatment of the defendant's condition required a multi-factorial approach involving the input of a variety of medical professionals – Where medical treatment and assistance at the proposed facility was comparatively limited – Extension order made for a period of 2 years Legislation Cited: Crimes Act 1900 (NSW) Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Telecommunications Interception Act 1979 (Cth) Cases Cited: Attorney-General for NSW v McGuire (No 2) [2013] NSWSC 288 Attorney-General of NSW v McGuire [2015] NSWSC 152 Attorney General of New South Wales v Skerry [2015] NSWSC 859 Attorney-General (NSW) v XY [2014] NSWCA 466 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Court Suppression and Non-publication Orders Act 2010 Kizon v Palmer (1998) 82 FCR 310 Sarah White v Local Health Authority [2015] NSWSC 417 State of NSW v Richardson (No 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 State of NSW v Thomas [2011] NSWSC 118 State of NSW v Thomas [2011] NSWSC 308 Category: Principal judgment Parties: Plaintiff – NSW Minister for Mental Health Defendant – BB Representation: Counsel: Plaintiff – Ms G Wright Defendant – Ms S Kluss