Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Hearing dates: 12 October 2018 Date of orders: 14 November 2018 Decision date: 14 November 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Extension order granted for a period of 3 years Catchwords: CIVIL – Mental Health (Forensic Provisions) Act 1990 (NSW) – extension order – final hearing – history of schizophrenia and polysubstance abuse – index offence of aggravated sexual assault – patient exhibiting signs of improvement since extension order made in 2015 – experts of opinion that patient should remain forensic patient – Court satisfied to high degree of probability that there is unacceptable risk – risk cannot be adequately managed by less restrictive means – extension order granted for period of 3 years Legislation Cited: Mental Health Act 2007 (NSW) s 68 Mental Health (Forensic Provisions) Act 1990 (NSW) s 54A, 76B, Pt 5, Sch 1 Cases Cited: Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General of New South Wales v CD (Supreme Court (NSW), Adams J, 24 November 2016, unrep) Attorney General of New South Wales v Doolan (by his tutor Thompson) (No 2) [2016] NSWSC 107 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General of New South Wales v Skerry [2018] NSWSC 1161 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 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Michael John Skerry (Defendant) Representation: Counsel: Ms G Wright (Plaintiff) Ms N Evans (Defendant)