Attorney-General of New South Wales v Kereopa [2017] NSWSC 411

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Hearing dates: 13 April 2017 Date of orders: 18 April 2017 Decision date: 18 April 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Non-publication order pursuant to s 7(a) and (b) of the Court Suppression and Non-publication Orders Act in respect of the information comprising the evidence given and to be given in the proceedings on the grounds set out in s 8(a), (c) and (e) of the Act until determination of the final hearing;

(2) Pursuant to clause 6(5) of Schedule 1 to the Mental Health (Forensic Provisions) Act 1990 the Court appoints one qualified psychiatrist and one qualified psychologist to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 5.00pm on 2 June 2017;

(3) The Defendant is directed to attend the examinations referred to in Order 2;

(4) Pursuant to clause 10 of Schedule 1 to the Act an interim extension order is made for a period of 28 days commencing on 23 April 2017;

(5) Plaintiff to file and serve any affidavits and written submissions on which it relies by 5.00pm on 12 June 2017;

(6) Defendant to file and serve any affidavits and written submissions on which he relies by 5.00pm on 26 June 2017;

(7) Fix the proceedings for final hearing on 3 July 2017 with an estimate of one day. Catchwords: CRIMINAL LAW – forensic patient – multiple offences including fraud, break and enter, theft – limiting period about to expire – application for interim extension order – whether defendant poses an unacceptable risk of causing serious harm to others – meaning of "serious harm" – defendant diagnosed with schizophrenia, substance abuse and intellectual disability – prior offending involving violence – poor history of compliance with supervision – offences and breaches in custody some involving violence – no present proposal for management by less restrictive means – interim order made – non-publication order in relation to evidence Legislation Cited: Children Criminal Proceedings Act 1987 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Attorney-General of NSW v Doolan [2015] NSWSC 1773 Attorney-General of New South Wales v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Minister for Mental Health v Paciocco [2017] NSWSC 4 Re J (No. 2) [2011] NSWSC 1224 Category: Principal judgment Parties: Attorney-General of New South Wales (Plaintiff) Teahu Kereopa (Defendant) Representation: Counsel: S Callan & A Rose (Plaintiff) C Goodhand (Defendant)