Attorney General for the State of New South Wales v Wong [2019] NSWSC 3

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for the State of New South Wales v Wong [2019] NSWSC 3 Hearing dates: 7 January 2019 Date of orders: 07 January 2019 Decision date: 11 January 2019 Jurisdiction: Common Law Before: Wilson J as Vacation Duty Judge Decision: (1) (a) Pursuant to section 54A and clause 6(5) of schedule 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW), the Court appoints one qualified psychiatrist and/or one registered psychologist, as agreed between the parties, to conduct separate psychiatric or psychological examinations, as the case may be, of the defendant, and to furnish reports to the Court on the results of those examinations by 4 March 2019. (b) The defendant is directed to attend upon the experts referred to in order 1(a) for the purpose of being examined, at such times and places as are agreed between the parties or, failing such agreement, as nominated by the plaintiff. (2) Pursuant to section 54A and clause 10 of schedule 1 to the Act, the defendant is subject to an interim extension order for a period of three months commencing on 10 January 2019 and expiring on 9 April 2019. (3) The proceedings are to be listed before the Common Law Registrar at 9.00am on 8 March 2019 for directions, including the fixing of a date for hearing of the plaintiff's prayers for final relief. (4) In the event that there is any difficulty encountered in the execution of order 1, the parties may approach my Chambers, through my associate, upon 1 days' notice, to my associate and each other. (5) Access to the Court's file in these proceedings is restricted such that access is to be permitted to a non party only with the leave of a judge of the Court and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. It was noted that, (1) The final hearing of the matter will be in the week commencing 25 March 2019 or the week commencing 1 April 2019; (2) The defendant wishes to be in attendance at that hearing date. (3) The Registrar is to order the attendance of a Cantonese interpreter on the date of the final hearing of the application, for the assistance of the defendant. Catchwords: CIVIL - FORENSIC PATIENTS – Mental Health (Forensic Provisions) Act 1900 - application for an extension order – interim proceedings – question of whether qualified professionals should be appointed to examine defendant – question of whether an interim extension order should be imposed - Court satisfied to high degree of probability at interim stage that evidence if proved establishes the existence of unacceptable risk - risk cannot be adequately managed by less restrictive means at present time Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of New South Wales v Doolan by his tutor Jennifer Thompson (No 2) [2016] NSWSC 107 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 for the State of New South Wales v Haytar [2007] NSWCA 993 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for the State of 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 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: Attorney General for the State of New South Wales (plaintiff) Chik Mau Wong by his Tutor Linda Rodrigues (defendant) Representation: Counsel: Ms D New for the plaintiff Ms C Goodhand for the defendant