Attorney General of NSW v Mailes [2023] NSWSC 584

Attorney General of NSW v Mailes [2023] NSWSC 584

The Court was satisfied on the evidence that, assuming the applicant's facts are proved, the defendant poses an unacceptable risk of causing serious harm to others and that this risk cannot adequately be managed by less restrictive means; the statutory criteria for interim and procedural orders were met, including for expert appointment and suppression; orders were granted accordingly.

Parties
Plaintiff: Attorney General of NSW; Defendant: Graham Edward Mailes
Jurisdiction
Australia
Judgment Date
29 May 2023
Procedural Posture
Civil / Preliminary/interlocutory Orders Prior to Final Hearing
Outcome
Interim extension and procedural orders granted as sought, including suppression of defendant's addresses.
Legal Topics
Forensic Patient Status, Extension Orders, Pre Hearing Procedural Orders, Suppression and Non Publication Orders
Mental Health Law Criminal Law (forensic Patient Provisions) Forensic Patient Status Extension Orders Pre Hearing Procedural Orders Suppression and Non Publication Orders

Case Brief

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Parties

Attorney General of NSW

Plaintiff

Graham Edward Mailes

Defendant

Procedural Posture

Civil / Preliminary/interlocutory Orders Prior to Final Hearing

Legal Issues

  1. 1 Whether interim extension order should be made prior to final hearing under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
  2. 2 Whether statutory criteria for extension and procedural orders are met
  3. 3 Appropriateness of suppression order regarding defendant's address

Ratio Decidendi

The Court was satisfied on the evidence that, assuming the applicant's facts are proved, the defendant poses an unacceptable risk of causing serious harm to others and that this risk cannot adequately be managed by less restrictive means; the statutory criteria for interim and procedural orders were met, including for expert appointment and suppression; orders were granted accordingly.

Court Disposition

Interim extension and procedural orders granted as sought, including suppression of defendant's addresses.

Orders

  • Appointment of two qualified experts to examine the defendant and report to the Court within 60 days (s 126(5) Mental Health and Cognitive Impairment Forensic Provisions Act 2020)
  • Defendant to attend expert examinations (s 126(5)(b))