Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Hearing dates: 3 July 2017 Decision date: 14 July 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Pursuant to cl 7(1)(a) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) the status of Mr Teahu Kereopa as a forensic patient is extended for a period of two years from 14 July 2017. 2. Access to the Court file shall not be granted to a non-party without leave of a Judge of the Court. If any such application for access is made by a non-party, the parties are to be notified by the Registrar so as to be given the opportunity to be heard. Catchwords: MENTAL HEALTH – forensic patient – Mental Health (Forensic Provisions) Act 1990 – extension order application – final hearing – application unopposed in principle – issue as to length of order – schizophrenia comorbid with intellectual disability, substance use disorder and anti-social personality disorder – custodial environment ineffective and counterproductive – need to transition to therapeutic setting before transition into the community – need for high level support and monitoring – risk would not be adequately managed by civil patient status under Mental Health Act 2007, a guardianship order or good behaviour bonds – experts agreed that two years after release from custody is highest risk time – two years found to be minimum period for treatment and stabilisation – extension order made for two years Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) ss 40, 54A, Sch 1, cls 2, 7, 8, 10, 11, 12 Cases Cited: Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney General of New South Wales v Kereopa [2017] NSWSC 929 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 307 Attorney General of NSW v Doolan (No 2) [2016] NSWSC 107 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Teahu Kereopa by his tutor Keith Gerard Plunkett (Defendant) Representation: Counsel: Ms S Callan with Ms A Rose (Plaintiff) Ms C Goodhand (Defendant)