Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252 Hearing dates: 11 March 2019 Date of orders: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Common Law Before: Ierace J Decision: See [31] Catchwords: MENTAL HEALTH — Intellectual disability – Mental Health (Forensic Provisions) Act 1900 (NSW) — Forensic patient — Extension order Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Cornwall v Attorney General for New South Wales (NSW) [2007] NSWCA 374 Lynn v New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Mustaba Beryalay by his tutor Jennifer Thompson (Defendant) Representation: Counsel: A Rose (Plaintiff) C Goodhand (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2019/37837

Judgment 1. The Attorney General of New South Wales ("the plaintiff") commenced proceedings by summons filed on 4 February 2019 against the defendant, Mustaba Beryalay, seeking interim and final orders extending the defendant's status as a forensic patient, pursuant to s 54A of the Mental Health (Forensic Provisions) Act 1990 (NSW) ("the Act") and Schedule 1 of the Act ("the Schedule"). The defendant, aged 27, is presently a forensic patient subject to a limiting term of seven years that will expire on 11 April 2019. 2. The summons seeks orders that, firstly, two psychologists, psychiatrists or registered medical practitioners, or a combination thereof, be appointed to separately examine the defendant and furnish reports to the Court. Secondly, the summons seeks that the defendant be subject to an interim extension order commencing on 11 April 2019. By way of final relief, the summons seeks, thirdly, an order extending the defendant's status as a forensic patient ("an extension order") for a period of two years and, fourthly, an order that access only be granted to the Court's file to a non-party with leave of a Judge of this Court and with prior notice to the parties and an opportunity for them to be heard. 3. The defendant consents to the fourth order being made, neither consents to nor opposes the first and second orders sought and opposes the third order. The legislative provisions in the Schedule require the Court to be independently satisfied of the matters for determination that base the orders sought. The defendant appears by audio video link from Goulburn Correctional Centre, where he is presently detained, in this preliminary hearing.