Attorney General for New South Wales v McGregor by his tutor Katherine Johnson (Final) [2023] NSWSC 1493

Attorney General for New South Wales v McGregor by his tutor Katherine Johnson (Final) [2023] NSWSC 1493

The application for an extension order is dismissed as the court was not satisfied to the requisite high degree of probability that Mr McGregor's risk cannot be adequately managed by other less restrictive means (such as a community treatment order, guardianship and financial management orders, and ongoing NDIS...

Source-derived case information.

Parties
Plaintiff: Attorney General for New South Wales; Defendant: Christopher McGregor by his tutor Dr Katherine Johnson
Jurisdiction
Australia
Judgment Date
04 December 2023
Procedural Posture
Application for Extension Order (forensic Patient) / Final Hearing and Judgment
Outcome
Application for extension order dismissed.
Legal Topics
Extension of Forensic Patient Orders, Risk Management, Least Restrictive Means, Community Treatment Order, Guardianship Order, Financial Management Order
Mental Health Law Forensic Procedure Extension of Forensic Patient Orders Risk Management Least Restrictive Means Community Treatment Order Guardianship Order Financial Management Order

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Parties

Attorney General for New South Wales

Plaintiff

Christopher McGregor by his tutor Dr Katherine Johnson

Defendant

Procedural Posture

Application for Extension Order (forensic Patient) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant poses an unacceptable risk if he ceases to be a forensic patient
  2. 2 Whether risk can be adequately managed by less restrictive means
  3. 3 Application of conditions in s 122 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Ratio Decidendi

The application for an extension order is dismissed as the court was not satisfied to the requisite high degree of probability that Mr McGregor's risk cannot be adequately managed by other less restrictive means (such as a community treatment order, guardianship and financial management orders, and ongoing NDIS support).

Court Disposition

Application for extension order dismissed.

Orders

  • Under s 127(1)(b) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the application for an extension order is dismissed.
  • Declare that the interim extension order pronounced on 24 August 2023 remains in force by dint of s 131 until it expires.