Attorney General for New South Wales v Perry [2019] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Perry [2019] NSWSC 703 Hearing dates: 21 May 2019 Date of orders: 12 June 2019 Decision date: 12 June 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 from 31 May 2019 and expiring on 31 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 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 1990 (NSW) – forensic patient – application for interim extension order – preliminary hearing – index offences aggravated assault with intent to rob with wounding or grievous bodily harm and assaults occasioning actual bodily harm – order for examinations made – interim extension order made for a period of three months Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for New South Wales v Kapeen [2017] NSWSC 226 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 v Riley by his tutor Rodrigues [2019] NSWSC 602 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General for the State of New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 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 of NSW (Plaintiff) Barbara Anne Perry (Defendant) Representation: Counsel: Ms C Palmer (Plaintiff) Ms N Evans (Defendant)