Attorney General of New South Wales v Beryalay by his tutor Thompson (Final) [2019] NSWSC 816

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Beryalay by his tutor Thompson (Final) [2019] NSWSC 816 Hearing dates: 24 May 2019 Date of orders: 01 July 2019 Decision date: 01 July 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to cll 1 and 7(1)(a) of Sch 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW), the defendant's status as a forensic patient is extended for a period of three years from the date on which the interim extension order made by Ierace J on 12 March 2019 expires.

(2) Access to the Court's file in this proceeding is restricted such that access is permitted to a non-party only with 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.

(3) The Registrar is to notify the Mental Health Review Tribunal of the making of order 1 above. Catchwords: MENTAL HEALTH – final hearing – Mental Health (Forensic Provisions) Act 1990 (NSW) - extension order sought for a period of three years as forensic patient – whether defendant poses an unacceptable risk of causing serious harm to others if released no longer a forensic patient- whether any risk can be adequately managed by other less restrictive means Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252 Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 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 Huckstadt (No 3) [2017] NSWSC 944 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 (Kereopa No 2) Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 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; (2016) 258 A Crim R 196 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 Tillman v Attorney General of NSW (2007) 70 NSWLR 448; (2007) 178 A Crim R 133; [2007] NSWCA 327 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Mustaba Beryalay by his tutor Jennifer Thompson (Defendant) Representation: Counsel: Ms A Rose (Plaintiff) Ms C Goodhand (Defendant)