Attorney General of NSW v Lane [2019] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Lane [2019] NSWSC 1118 Hearing dates: 15 August 2019 Decision date: 29 August 2019 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to cl 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) ("the Act"): (a) Appointing two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of such persons) to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the Defendant to attend those examinations.

(2) An order pursuant to cl 10 and cl 11(1) of Schedule 1 to the Act that the Defendant be subject to an interim extension order commencing on 30 August 2019 for a period of 2 months from the date on which the order commences. Catchwords: MENTAL HEALTH – forensic patient – child sex offender – application for interim extension order (IEO) pursuant to Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Act) – where defendant has no diagnosis of mental condition – meaning of "serious harm" – whether accessing child abuse material causes "serious harm" under Sch 1 of the Act – sexual attraction to children inferred – risk of commission of sexual "contact" offences against children established – risk cannot be adequately managed by other less restrictive means – IEO made Legislation Cited: Crimes (High Risk Offender) Act 2006 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), Sch 1 Cases Cited: Attorney-General of NSW v Kereopa [2017] NSWSC 411 Attorney-General of NSW v Kereopa (No 2) [2017] NSWSC 928 Category: Principal judgment Parties: Attorney General of NSW (Plaintiff) John Paul Lane bht Deborah Jean Barrett (Defendant) Representation: Counsel: Ms K Curry (Plaintiff) Ms Z Burrows (Solicitor) (Defendant)