Attorney-General of New South Wales v Ramirez (No 3) (Interim Orders)

[2018] NSWSC 1444

Supreme Court

New South Wales

Medium Neutral Citation:	Attorney-General of New South Wales v Ramirez (No 3) (Interim Orders) [2018] NSWSC 1444
Hearing dates:	On the papers
Date of orders:	29 August 2018
Decision date:	25 September 2018
Jurisdiction:	Common Law
Before:	Lonergan J
Decision:	See [7]-[8].
Catchwords:	MENTAL HEALTH – forensic patient – application for interim extension order – defendant with schizoaffective disorder – grandiose delusions regarding attractiveness to women – threshold requirements conceded – length of extension order
Legislation Cited:	Mental Health (Forensic Provisions) Act 1990
Cases Cited:	Attorney-General of New South Wales v Ramirez [2018] NSWSC 662
Category:	Principal judgment
Parties:	Attorney-General of New South Wales (Plaintiff) James Aaron Ramirez bht Sophie Tsatsimas (Defendant)
Representation:	Counsel: A Rose (Plaintiff) K Stares (Defendant)   Solicitors: Crown Solicitor’s Office (Plaintiff) Legal Aid NSW (Defendant)
File Number(s):	2018/67942

Judgment

1. On 29 August 2018, I determined that the defendant should remain the subject of an order extending his status as a forensic patient. The order I made was as follows:

1. Pursuant to cl. 10 and cl. 11(1) of Sch 1 of the Mental Health (Forensic Provisions) Act 1990, the defendant be subject to an interim extension order commencing from 2 September 2018 for a period of 28 days or until the proceedings are finally determined.

2. These are my reasons for making that order.

3. On 14 May 2018, having considered the evidence then tendered, I concluded that it was appropriate to grant interim orders extending the defendant’s status as a forensic patient: Attorney-General of New South Wales v Ramirez [2018] NSWSC 662.

4. Since those orders, I made further orders that the defendant be subject to an interim extension order because the reports of Dr Kerri Eagle forensic psychiatrist, dated 25 July 2018 and Dr Adrian Keller psychiatrist, dated 21 July 2018, set out that the defendant has a diagnosis of either schizoaffective disorder or schizophrenia combined with a substance use disorder with vulnerability to relapse and that he poses a risk of causing serious harm to others in the future if he ceases to be a forensic patient. The bases for their conclusions are set out in detail of the reports of each experts which will be examined in further detail at the final hearing.

5. As I concluded at the first preliminary hearing (Attorney-General of New South Wales v Ramirez [2018] NSWSC 662) at [58]:

“[58]   Given the intractable nature of the Defendant’s condition and its resistance to treatment as set out in the supporting documentation, I am satisfied that the matters alleged in the supporting documentation, if proved, are capable of demonstrating to a high degree of probability that the risk posed by the Defendant cannot be adequately managed by other less restrictive means…”

6. The expert opinions of Dr Eagle and Dr Keller add further weight to this view.

7. Accordingly, I continue to be satisfied the statutory requirements are met and that the defendant should be made subject to an interim extension order commencing from 2 September 2018 for a period of 28 days or until the proceedings are finally determined.

8. The proceedings are listed for final hearing on 18 September 2018 with an estimate of 1 day.

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