NSW Minister for Mental Health v Paciocco (No. 2) [2018] NSWSC 866

Supreme Court New South Wales

Medium Neutral Citation: NSW Minister for Mental Health v Paciocco (No. 2) [2018] NSWSC 866 Hearing dates: 6 June 2018 Date of orders: 13 June 2018 Decision date: 13 June 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Order pursuant to clause 1 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 that the status of the defendant as a forensic patient be extended up to and including 13 December 2019.

(2) Order that access to the court file by a non-party to the proceedings be permitted only with the leave of a judge of the Court and only with prior notice to the parties. Catchwords: MENTAL HEALTH – application for extension of defendant's status as forensic patient – Mental Health (Forensic Provisions) Act 1990 – whether patient posed unacceptable risk of causing serious harm to others – where defendant had unresolved history of violence in custody and the community related to schizophrenia and substance abuse – whether risk could be adequately managed by less restrictive means – whether risk could be adequately managed by status as involuntary civil patient under Mental Health Act 2007 – where time required for defendant to stabilise and adjust to less restrictive environments – where variability of management as civil patient had contributed to defendant's risk – order granted to extend forensic status for period of 18 months Legislation Cited: Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) ss 40, 42, 43, 75; Sch 1, cll 1, 2, 5, 7 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 bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General of NSW v McGuire (No. 2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 Minister for Mental Health v Paciocco [2016] NSWSC 1530 Minister for Mental Health v Paciocco [2017] NSWSC 4 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: NSW Minister for Mental Health (Plaintiff) Steven Mark Paciocco (Defendant) Representation: Counsel: D New (Plaintiff) C Goodhand (Defendant)