The Court granted an interim extension order for the defendant's forensic patient status under ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), finding at the preliminary stage that the supporting documentation, if proved, would justify satisfaction to a high degree of probability that the defendant posed an unacceptable risk of causing serious harm to others that could not be managed by less restrictive means. Central to this finding were the defendant's statements to the assessing psychologist indicating a continuing lack of insight into the inability of children to consent to sexual activity, notwithstanding his otherwise positive compliance record and community stability over five years. The Court emphasised that the result may differ at final hearing once the expert evidence is tested, and that the existence of NDIS supports, guardianship orders, and Child Protection Register obligations were insufficient less restrictive alternatives given the defendant's cognitive limitations and reluctance to engage voluntarily in treatment.
The full text is available to signed-in members.