Minister for Mental Health v Paciocco [2016] NSWSC 1530

Supreme Court New South Wales

Medium Neutral Citation: Minister for Mental Health v Paciocco [2016] NSWSC 1530 Hearing dates: 18 October 2016 Date of orders: 18 October 2016 Decision date: 18 October 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: Order made pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ("MHFP Act") appointing two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of two such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations; and directing the defendant to attend those examinations. Order made pursuant to clauses 10 and 11(1) of Schedule 1 of the MHFP Act that the defendant be subject to an interim extension order from 19 October 2016 for a period of 28 days. Parties granted leave to approach the Manager of Listings to obtain a final hearing date. Stood over to the Registrar on Monday, 14 November 2016 at 9:00am. Catchwords: FORENSIC PATIENTS – defendant found unfit to be tried – limiting term due to expire – application to extend status as a forensic patient – interim extension order – whether defendant poses unacceptable risk – whether risk cannot be adequately managed by other means Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General NSW v Doolan by his tutor Jennifer Thompson No 2 [2016] NSWSC 107 Attorney General of New South Wales v Doolan [2015] NSWSC 1773 Attorney General State of New South Wales v XY [2014] NSWSCA 466 New South Wales Minister for Mental Health v BB [2015] NSWSC 1418 Category: Procedural and other rulings Parties: Minister for Mental Health (Plaintiff) Steven Mark Paciocco (Defendant) Representation: Counsel: Ms A Bonnor (Plaintiff) Ms S Kluss (Defendant)