Attorney General of New South Wales v Christian bht Thompson [2018] NSWSC 744

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Christian bht Thompson [2018] NSWSC 744 Hearing dates: 08 March 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to cl. 1 of Scheule 1 of the Mental Health (Forensic Provision) Act 1990, Lindsay Robert Christian is subject to an extension order for a period of 2 years from 12 March 2018;

(2) Access to the Supreme Court file by non-parties to these proceedings, is restricted and only permitted by leave of a Judge of the Court and only with prior notice to the parties who or which are to be provided an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – forensic patient – application for extension of term – up to 5 years available – sexual offending – schizoaffective disorder and Borderline Personality Disorder – recent diagnosis of schizoaffective disorder – need for medication to be stabilised – Mental Health Facility probably appropriate, but need for Tribunal to oversee any alterations – 2 year extension granted in accordance with expert opinion. Legislation Cited: Crimes (High Risk Offenders) Act 2006 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Terrorism (High Risk Offenders) Act 2017 Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General of NSW v Doolan by His Tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney-General for the State of New South Wales v Boyce by His Tutor Jennifer Thompson [2017] NSWSC 144 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 New South Wales Minister for Mental Health v Brauer [2015] NSWSC 863 Re J (No 2) [2011] NSWSC 1224 State of NSW v Ceissman [2018] NSWSC 508 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Lindsay Robert Christian by his tutor Jennifer Thompson (Defendant) Representation: Counsel: J Edwards (Plaintiff) C Goodhand (Defendant)