Attorney General of New South Wales v Blanks

The matter before the Supreme Court of New South Wales was an application by the Attorney General to extend the status of the defendant, Ms Blanks, as a forensic patient. Ms Blanks had been a forensic patient since 2008 after being found not guilty of murder by reason of mental illness. The Attorney General applied for an interim extension order and an order for examination of Ms Blanks, seeking to establish whether she still posed an unacceptable risk of causing serious harm to others if she ceased to be a forensic patient. The court was required to determine whether the matters alleged in the supporting documentation, if proved, justified making an extension order. The Attorney General argued that Ms Blanks continued to suffer from a severe mental illness and that she posed an unacceptable risk of causing serious harm to others if she were to cease being a forensic patient. Ms Blanks, on the other hand, argued that she no longer suffered from the severe mental illness that underpinned her criminal behaviour and that she could be managed in the community.

The court considered the relevant statutory provisions and case law, including the Mental Health (Forensic Provisions) Act 1990 (NSW) and the relevant common law principles. The court found that the matters alleged in the supporting documentation, if proved, would justify making an extension order. The court was satisfied that Ms Blanks continued to suffer from a severe mental illness, and that she posed an unacceptable risk of causing serious harm to others if she were to cease being a forensic patient. The court further found that there were no less restrictive means available to manage the risk posed by Ms Blanks. The court therefore made an interim extension order and an order for examination of Ms Blanks. The court held that the matters alleged in the supporting documentation, if proved, would justify making an extension order. The court was satisfied that Ms Blanks continued to suffer from a severe mental illness, and that she posed an unacceptable risk of causing serious harm to others if she were to cease being a forensic patient. The court further found that there were no less restrictive means available to manage the risk posed by Ms Blanks. The court therefore made an interim extension order and an order for examination of Ms Blanks.