Attorney General for New South Wales v Kapeen [2017] NSWSC 685

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Hearing dates: 17 May 2017 Date of orders: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: Pursuant to clause 1 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 the status of Robert Steven Kapeen as a forensic patient be extended for a period of 12 months from 3 June 2017 Catchwords: FORENSIC PATIENT – respondent unfit to stand trial – found on limited evidence available that respondent committed sexual assault of child under ten – limiting term of imprisonment for 2 years and 6 months imposed – Attorney General applies to extend period in which the respondent is a forensic patient – schizophrenic – suffers from polydipsia – intellectual impairment – whether poses unacceptable risk – whether other less restrictive means available – whether risk could be managed under Mental Health Act – lack of availability of suitable places – extension order made – period limited to enable consideration of accommodation as involuntary patient Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Cornwall v Attorney-General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57; 91 NSWLR 636 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Robert Steven Kapeen (Defendant) Representation: Counsel: J Single (Plaintiff) P McGrath (Defendant)