Attorney General of New South Wales v Christian [2020] NSWSC 164

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Christian [2020] NSWSC 164 Hearing dates: 2 March 2020 Date of orders: 03 March 2020 Decision date: 03 March 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990: (a) appointing two qualified psychiatrists and/or psychologists to conduct separate psychiatric/psychological 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) Order pursuant to clauses 10 and 11(1) of Schedule 1 to the Act that the defendant be subject to an interim extension order commencing on and from 12 March 2020 for a period of three months. (3) Order restricting access to the Supreme Court file in respect of this proceeding such that access would only be granted to a non-party with leave of a judge of the Court, and only after the parties have had notice of the non-party's application for access and have been afforded an opportunity to be heard. (4) List the proceedings for mention on 1 June 2020. (5) Grant liberty to the parties to apply on 24 hours' notice. Catchwords: HIGH RISK OFFENDERS – preliminary hearing – application for interim extension order – where defendant a forensic patient under the Mental Health (Forensic Provisions) Act – whether defendant poses risk of serious harm to others – whether less restrictive conditions available than extending status as forensic patient Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General of New South Wales v Christian bht Thompson [2018] NSWSC 744 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Plaintiff) Lindsay Robert Christian (Defendant) Representation: Counsel: C Palmer (Plaintiff) N Evans (Defendant)