Attorney General for New South Wales v Riley by his tutor Rodrigues [2019] NSWSC 602

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Riley by his tutor Rodrigues [2019] NSWSC 602 Hearing dates: 20 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) (MHFP Act): (a) two qualified psychiatrists or registered psychologists or registered medical practitioners (or any combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by no later than a dated agreed between the parties; and (b) the defendant is directed to attend those examinations.

(2) Pursuant to clause 10 of Schedule 1 of the MHFP Act, the defendant is subject to an interim extension order for a period of 3 months, commencing on 24 May 2019 and expiring on 23 August 2019.

(3) Access to the Court's file in this matter by a non-party to the proceedings is permitted only by leave of a judge of the Court and only with prior notice to the parties so as to allow them an opportunity to be heard in respect of any application for access by a non-party.

(4) Liberty is granted to the parties to approach the High Risk Offenders and Forensic Patients List Judge, Bellew J, to obtain hearing dates for the final hearing of the matter, and to fix a timetable for the filing and service of evidence and submissions.

(5) Liberty is granted to the parties to apply on one day's notice in relation to order 1 if the parties cannot reach agreement for the purposes of that order. Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1900 (NSW) – forensic patient with limiting term about to expire – chronic paranoid schizophrenia and mild intellectual disability – where offending followed non-compliance with medication – need for assessment and treatment – application for interim extension of status as a forensic patient and examinations – interim extension order for 3 months and order for examinations made Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Procedure Act 1996 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 226 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Robert James Riley by his tutor Linda Rodrigues (Defendant) Representation: Counsel: Mr A Bhasin (Plaintiff) Ms C Goodhand (Defendant)