Attorney General for New South Wales v Kapeen bht Jennifer Thompson [2018] NSWSC 1349

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Kapeen bht Jennifer Thompson [2018] NSWSC 1349 Hearing dates: 16 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The summons is dismissed. I note that the defendant is currently detained pursuant to an interim extension order expiring at 11.59pm on 31 August 2018. No order is made with respect to that order.

2. Pursuant to cl 11A of Sch 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW), Mr Kapeen is to be detained for 24 hours from midnight on 1 September 2018 to enable a medical practitioner or accredited person to assess whether a mental health certificate under s 19 of the Mental Health Act 2007 (NSW) should issue.

3. The plaintiff is to pay the defendant's costs. Catchwords: FORENSIC PATIENT – application for extension order – application to extend status as a forensic patient – whether defendant poses unacceptable risk – whether risk cannot be adequately managed by other means Legislation Cited: Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for NSW v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 Attorney General for NSW v Skerry [2015] NSWSC 859 Attorney General for the State of NSW v Kapeen [2017] NSWSC 685 Attorney General of NSW v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General of NSW v Maguire [2013] NSWSC 1862 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Robert Steven Kapeen by his tutor Jennifer Thompson (Defendant) Representation: Counsel: G Wright (Plaintiff) E Tringali (Defendant)