Attorney General for New South Wales v Perry (No 2) [2019] NSWSC 1141

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Perry (No 2) [2019] NSWSC 1141 Hearing dates: 16 August 2019 Date of orders: 16 August 2019 Decision date: 02 September 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 54A of the Mental Health (Forensic Provisions) Act 1990 (NSW) and cll 1 and 7(1)(a) of Schedule 1 to that Act the defendant's status as a forensic patient is extended for a period of 5 years. Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1990 (NSW) – forensic patient – application for extension order – whether defendant posed unacceptable risk of causing serious harm to others if ceased being a forensic patient – whether risk could be adequately managed by admission as involuntary patient under the Mental Health Act 2007 – extension order made for 5 years Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Attorney General for New South Wales v Perry [2019] NSWSC 703 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Minister for Mental Health v Paciocco [2016] NSWSC 1530 Category: Principal judgment Parties: Attorney General of NSW (Plaintiff) Barbara Anne Perry (Defendant) Representation: Counsel: Ms C Palmer (Plaintiff) Ms C Goodhand (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid (Defendant) File Number(s): 2019/115040