Attorney General for New South Wales v Wright (by his tutor Johnson) (Preliminary) [2022] NSWSC 537

Attorney General for New South Wales v Wright (by his tutor Johnson) (Preliminary) [2022] NSWSC 537

Assuming the matters asserted in the Attorney General's documentary evidence are proved, it is reasonably open to be satisfied to a high degree of probability that the defendant poses an unacceptable risk of causing serious harm to others if he ceases to be a forensic patient, and that this risk cannot be adequately managed by less restrictive means at this time. Therefore, orders for the defendant's examination by two agreed specialists and an interim extension of forensic patient status for three months are justified.

Parties
Plaintiff: Attorney General for New South Wales; Defendant: Matthew Wright (by his tutor Dr Katherine Johnson)
Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Application for Interim Extension Order (forensic Patient) / Preliminary Hearing and Orders
Outcome
Interim extension order granted and examination orders made
Legal Topics
Forensic Patients, Extension Orders, Interim Orders, Risk Management, Mental Health and Cognitive Impairment Forensic Provisions Act
Mental Health Law Criminal Law Forensic Patients Extension Orders Interim Orders Risk Management Mental Health and Cognitive Impairment Forensic Provisions Act

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Parties

Attorney General for New South Wales

Plaintiff

Matthew Wright (by his tutor Dr Katherine Johnson)

Defendant

Procedural Posture

Application for Interim Extension Order (forensic Patient) / Preliminary Hearing and Orders

Legal Issues

  1. 1 Whether the supporting documentation, if proved, would justify the making of an extension order for a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  2. 2 Whether the defendant poses an unacceptable risk of causing serious harm to others if not subject to the forensic status
  3. 3 Whether such risk can be managed by less restrictive means

Ratio Decidendi

Assuming the matters asserted in the Attorney General's documentary evidence are proved, it is reasonably open to be satisfied to a high degree of probability that the defendant poses an unacceptable risk of causing serious harm to others if he ceases to be a forensic patient, and that this risk cannot be adequately managed by less restrictive means at this time. Therefore, orders for the defendant's examination by two agreed specialists and an interim extension of forensic patient status for three months are justified.

Court Disposition

Interim extension order granted and examination orders made

Orders

  • Appointment of two qualified psychiatrists or registered psychologists or registered medical practitioners, as agreed between the parties, to conduct separate examinations of the defendant and furnish reports to the Supreme Court by a date agreed between the parties.
  • The defendant is directed to attend those examinations.