Attorney General for New South Wales v Rohan (Preliminary)

In the case of Attorney General for New South Wales v Rohan, the Attorney General sought a preliminary extension order to continue the status of the defendant as a forensic patient under the Mental Health (Forensic Provisions) Act 1990 (NSW). The defendant had been diagnosed with moderate Intellectual Disability and had a history of convictions for sexual offences against children. He was currently detained in a correctional centre, with his limiting term of imprisonment set to expire on 1 December 2020. The primary objective of the Act was to safeguard the public from the risk posed by individuals like the defendant.

The central legal issues before the court were whether the Attorney General had demonstrated to a high degree of probability that the defendant posed an unacceptable risk of causing serious harm to others if he ceased to be a forensic patient, and whether the court was satisfied to a high degree of probability that the defendant's risk could not be adequately managed by means less restrictive than being a forensic patient. The court was required to balance the defendant’s rights with the need to protect the public.

The court found that the Attorney General had satisfied the necessary threshold, thereby justifying the making of an extension order on a preliminary basis. The risk of serious harm to others if the defendant were released was deemed unacceptable, and the court was satisfied that the risk could not be managed by less restrictive means. Consequently, the court granted the extension order, allowing the defendant to remain as a forensic patient until further evaluation could be conducted.

This preliminary determination sets the stage for further proceedings to fully address the defendant’s status and the measures required to manage his risk.