NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Hearing dates: 9 March 2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Procedures) Act 1990 ("the Act"):
(a) The Court appoints two registered psychologists or psychiatrists to conduct separate examinations of the Defendant and to furnish reports on the results of those examinations by a date agreed to by the parties. (b) The Defendant is directed to attend those examinations.
(2) Pursuant to clauses 10 and 11 of Schedule 1 of the Act, an interim extension order be made for a period of 28 days from 12 March 2017.
(3) The parties have liberty to approach the manager of listing to obtain a final hearing date with an estimate of one day.
(4) The matter be listed for directions before a Registrar on 16 March 2017 at 9.00am.
(5) The matter be listed before the Duty Judge on 5 April 2017 at 10.00am for consideration of any application by the Attorney General to extend the interim extension order. 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: Crimes (High Risk Offenders) Act 2016 Crimes Act 1900 Mental Health Act 2007 Mental Health (Forensic Procedures) Act 1990 Cases Cited: Attorney General of New South Wales v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Lynn v State of New South Wales [2016] NSWCA 57 Minister for Health v Paciocco [2016] NSWSC 1530 Category: Procedural and other rulings Parties: Attorney General for New South Wales (Plaintiff) Robert Steven Kapeen (Defendant0 Representation: Counsel: S Callan; S Palaniappan (Plaintiff) E Ozen (Defendant)
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