Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4:

1. By summons filed on 8 April 2025, the Attorney General of New South Wales ("the Attorney") seeks orders in respect of the defendant pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act") that he be subject to an order for the extension of his status as a forensic patient for a period of four years. Given that some of the defendant's criminal offending occurred when he was under the age of 18 years, he will be described by the pseudonym "SK" in this matter (or "the defendant") to give effect to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW).

2. On 30 May 2025, Dr Katherine Pavlidis Johnson was appointed to act as the defendant's tutor in these proceedings.

3. The defendant is a 21-year-old Indigenous man with a complex psychiatric history. Although his diagnoses have not been consistent in the past, his current diagnosis is that he has a mild to moderate intellectual disability and complex post-traumatic stress disorder. He receives anti-anxiety and anti-psychotic medication.

4. In January 2023, the defendant was charged with offences of violence against his stepfather, namely being armed with a weapon (sword) with intent to commit an indictable offence contrary to s 114(1)(a) of the Crimes Act 1900 (NSW), wound with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act and reckless wounding contrary to s 35(2) of the Crimes Act. These are the "index offences" which resulted in the limiting term.

5. On 9 August 2023, Coleman SC DCJ found the defendant unfit to be tried and he became a forensic patient. Following a special hearing before Payne DCJ, the defendant was found guilty on 23 April 2024 in relation to the offences of being armed with a weapon with intent to commit an indictable offence and reckless wounding. A verdict of not guilty was entered in respect for the offence of wounding with intent to cause grievous bodily harm.

6. On 25 July 2024, Payne DCJ imposed a limiting term on the defendant of 2 years and 6 months commencing on 10 January 2023 and to expire on 9 July 2025. Her Honour then ordered that the defendant be detained in a correctional centre and referred the matter to the Mental Health Review Tribunal ("the MHRT" or "the Tribunal"). The defendant is currently detained as a forensic patient at the Metropolitan Remand & Reception Centre after being transferred from the Mid North Coast Correctional Centre earlier this year.

7. A preliminary hearing was conducted before me on 25 June 2025. At the hearing, the Attorney sought the following interim relief:

1) An order pursuant to s 126(5) of the Act appointing two qualified experts to conduct separate examinations of the defendant and to furnish reports to the Supreme Court, and that the defendant be directed to attend those examinations; and

2) An interim order pursuant to ss 130 and 131 of the Act, that the defendant's status as a forensic patient be extended on an interim basis for a period of three months commencing on 10 July 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197d276fff1311cf7a274945)

Disclaimer: Curated by HT Syndication.