Attorney General for NSW v Peckham (Final) [2019] NSWSC 1775

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v Peckham (Final) [2019] NSWSC 1775 Hearing dates: 22 November 2019 Date of orders: 12 December 2019 Decision date: 12 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Summons dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: MENTAL HEALTH — forensic patient — extension of status as forensic patient — whether defendant posed unacceptable risk of causing serious harm to others if ceased being a forensic patient — whether risk could be adequately managed by less restrictive means — not satisfied to a high degree of probability of either element in Mental Health (Forensic Provisions) Act 1990 (NSW) sch 1 cl 2(1) — extension order declined Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), Pt 5 div 2 sub-div 3, ss 16, 40, 42, 43, 52, 54A, Sch 1 cls 1, 2, 6, 7 Cases Cited: Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Kereopa (No. 2) [2017] NSWSC 928 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Peckham (Preliminary) [2019] NSWSC 1150 State of New South Wales v Thomas (Final) [2011] NSWSC 307 Category: Principal judgment Parties: Attorney General for NSW (Plaintiff) John Patrick Peckham (Defendant) Representation: Counsel: Ms G Wright with Mr M Dalla-Pozza (Plaintiff) Ms P David (Defendant)