Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Hearing dates: 17 and 18 February 2016 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) An order pursuant to cl 7(1)(a) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) that the defendant be subject to an extension order for a period of five years from the date hereof. Catchwords: CIVIL – Mental Health (Forensic Provisions) Act 1990 (NSW) – application for extension order – whether final order should be made to extend status as a forensic patient - whether poses an "unacceptable risk" of causing serious harm to others - whether less restrictive means available – whether involuntary patient status under Mental Health Act 2007 (NSW) would adequately manage risk – extension order made – differences between statutory regimes Legislation Cited: Crimes (High Risk Offenders) Act 2007 (NSW) Guardianship Act 1987 (NSW), s 4 Mental Health Act 2007 (NSW), ss 12, 14, 15, 27, 35, 37, 38, 39, 40, 42, 43, 47, 51, 53, 56, 57, 58, 60, 65, 68, 150(2A), Sch 5, cl 1 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 14, 19, 23, 24, 32, 40, 42, 43, 46, 49, 54A, 55(1), 68, 73, 74, 75, 76A, Sch 1, cll 1, 2, 4, 5, 6, 6(5), 7(1)(a), 7(2), 10, 11(2) Mental Health Regulation 2013 (NSW), cll 8, 19(1)(b), 19(4) Cases Cited: Attorney-General for the State of New South Wales v XY [2014] NSWCA 466 Attorney-General of New South Wales v Doolan by his tutor Jennifer Thompson [2015] NSWSC 1773 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Veen v The Queen [No. 2] (1988) 164 CLR 465 Texts Cited: Mental Health Review Tribunal Guidelines, s 2 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Bevan Charles Doolan (Defendant) Representation: Counsel: G Wright (Plaintiff) R Montgomery (Defendant)