Attorney General of New South Wales v Lane (Final) [2019] NSWSC 1460

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Lane (Final) [2019] NSWSC 1460 Hearing dates: 2 October 2019 Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiff's summons is dismissed.

(2) The plaintiff is to pay the defendant's costs. Catchwords: MENTAL HEALTH – forensic patient – application for extension order pursuant to Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) – whether the defendant poses an unacceptable risk of serious harm to others if he ceases to be a forensic patient – Court not satisfied that defendant poses unacceptable risk – defendant's risk can be managed under child protection legislation – summons dismissed Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Evidence Act 1995 (NSW), ss 55, 56, 137 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), ss 4, 40, 54A, 55, Sch 1 Cases Cited: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of NSW v Lane [2019] NSWSC 1118 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Category: Principal judgment Parties: Attorney General of NSW (Plaintiff) John Paul Lane (Defendant) Representation: Counsel: J S Emmett/J A Brezniak (Plaintiff) C Goodhand (Defendant)