A court's failure to expressly state that the jurisdictional condition under s 32(1)(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW) is satisfied does not constitute jurisdictional error where a fair reading of the reasons as a whole demonstrates that the condition was accepted and the court proceeded to exercise the discretion under s 32(1)(b). No denial of procedural fairness arises from comments about expert evidence where the court in fact accepted the expert's diagnosis.
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