Attorney General for New South Wales v Perry [2019] NSWSC 703

Attorney General for New South Wales v Perry [2019] NSWSC 703

Assuming the Attorney General's supporting documentation to be proved, including the defendant's criminal history, the serious and random index offences, her violent conduct in custody, and Dr Eagle's opinion that she presented a high ongoing risk of serious harm through physical aggression and required forensic oversight, the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of causing serious harm to others if she ceased being a forensic patient and that the risk could not be adequately managed by other less restrictive means. The statutory preconditions for an interim extension order were met, and the Court was required to make the...

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Application Under S 54 a and Schedule 1 of the Mental Health (forensic Provisions) Act 1990 (nsw) for Extension of Forensic Patient Status / Preliminary Hearing for Interim Extension Order, Examination Order and File Access Order
Outcome
Interim extension order, examination order, file access restriction and liberty to apply granted.
Legal Topics
['forensic Patient' 'interim Extension Order' 'preliminary Hearing' 'order for Examinations' 'unacceptable Risk of Causing Serious Harm' 'less Restrictive Means']
['mental Health' 'criminal Law'] ['forensic Patient' 'interim Extension Order' 'preliminary Hearing' 'order for Examinations' 'unacceptable Risk of Causing Serious Harm' 'less Restrictive Means']

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Procedural Posture

Application Under S 54 a and Schedule 1 of the Mental Health (forensic Provisions) Act 1990 (nsw) for Extension of Forensic Patient Status / Preliminary Hearing for Interim Extension Order, Examination Order and File Access Order

Legal Issues

  1. 1 ["Whether the matters alleged in the supporting documentation would, if proved, justify the making of an extension order for the defendant's status as a forensic patient." "Whether an interim extension order should be made before expiry of the defendant's limiting term." 'Whether orders should be made appointing two qualified practitioners to examine the defendant and furnish reports to the Court.' 'Whether access to the Court file by non-parties should be restricted.']

Ratio Decidendi

Assuming the Attorney General's supporting documentation to be proved, including the defendant's criminal history, the serious and random index offences, her violent conduct in custody, and Dr Eagle's opinion that she presented a high ongoing risk of serious harm through physical aggression and required forensic oversight, the Court was satisfied to a high degree of probability that the defendant posed an unacceptable risk of causing serious harm to others if she ceased being a forensic patient and that the risk could not be adequately managed by other less restrictive means. The statutory preconditions for an interim extension order were met, and the Court was required to make the...

Court Disposition

Interim extension order, examination order, file access restriction and liberty to apply granted.

Orders

  • ['Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), two qualified psychiatrists or registered psychologists or registered medical practitioners, or any combination of such persons as agreed between the parties, are appointed to conduct separate examinations of the...