Attorney-General of New South Wales v Calleja (Preliminary) [2019] NSWSC 1580

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of New South Wales v Calleja (Preliminary) [2019] NSWSC 1580 Hearing dates: 12 September 2019 Date of orders: 12 September 2019 Decision date: 13 November 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court confirms the orders made on 12 September 2019. Catchwords: CIVIL – forensic patients – Mental Health (Forensic Provisions) Act 1990 – professionals appointed to examine defendant – Court satisfied to high degree of probability at preliminary stage that evidence if proved establishes the existence of unacceptable risk – risk cannot be adequately managed by less restrictive means at present time – interim extension order made Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Huckstadt [2017] NSWSC 441 Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General for the State of New South Wales v Boyce (No 2) [2017] NSWSC 648 Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252 Attorney General of New South Wales v McGuire [2016] NSWSC 158 Attorney-General of NSW v Doolan [2015] NSWSC 1773 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 Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 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 Minister for Health v Paciocco [2017] NSWSC 4 NSW Minister for Mental Health v Paciocco (No 2) [2018] NSWSC 866 Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Manners [2008] NSWSC 1242 Category: Principal judgment Parties: Attorney-General of New South Wales (Plaintiff) Craig Anthony Calleja by his tutor Linda Rodrigues (Defendant) Representation: Counsel: K Curry (Plaintiff) M McMahon (Defendant)