Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610

Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610

The Court was satisfied, on the evidence before it, that if proved, it would justify the making of an extension order as the defendant poses an unacceptable risk of causing serious harm to others if he ceases to be a forensic patient, and that such risk cannot be adequately managed by other less restrictive means, due to his history of repeated and serious sexual offences against children, chronic intellectual disability, refusal of treatment, and high likelihood and seriousness of potential reoffending.

Parties
Plaintiff: Attorney General for New South Wales; Defendant: Rohan [a pseudonym]
Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Preliminary Application for Extension Order (mental Health) / Preliminary Hearing/interlocutory
Outcome
Interim and interlocutory orders granted; preliminary extension order made.
Legal Topics
Forensic Patients, Extension Orders, Public Safety, Intellectual Disability, Risk Assessment, Interim Relief
Mental Health Law Criminal Law Administrative Law Forensic Patients Extension Orders Public Safety Intellectual Disability Risk Assessment +1 more

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Parties

Attorney General for New South Wales

Plaintiff

Rohan [a pseudonym]

Defendant

Procedural Posture

Preliminary Application for Extension Order (mental Health) / Preliminary Hearing/interlocutory

Legal Issues

  1. 1 Whether the plaintiff has satisfied the Court 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
  2. 2 Whether the risk posed by the defendant cannot be adequately managed by less restrictive means than extended forensic patient status

Ratio Decidendi

The Court was satisfied, on the evidence before it, that if proved, it would justify the making of an extension order as the defendant poses an unacceptable risk of causing serious harm to others if he ceases to be a forensic patient, and that such risk cannot be adequately managed by other less restrictive means, due to his history of repeated and serious sexual offences against children, chronic intellectual disability, refusal of treatment, and high likelihood and seriousness of potential reoffending.

Court Disposition

Interim and interlocutory orders granted; preliminary extension order made.

Orders

  • By way of interlocutory relief, an order pursuant to cl 6(5) of Sch 1 to the Act appointing two qualified psychiatrists, registered psychologists or medical practitioners (or any combination of two such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court by a date...
  • Directing the defendant to attend those examinations;