Attorney General of New South Wales v Skerry

Case

[2018] NSWSC 1161

27 July 2018


Details
AGLC Case Decision Date
Attorney General of New South Wales v Skerry [2018] NSWSC 1161 [2018] NSWSC 1161 27 July 2018

CaseChat Overview and Summary

The case of Attorney General of New South Wales v Skerry was heard in the Supreme Court of New South Wales. The Attorney General sought orders for the appointment of experts to assess the defendant, Skerry, who is a person with a mental health condition, and for an interim extension of Skerry's detention. The application was made under the Mental Health (Forensic Provisions) Act 1990 (NSW) and Skerry did not oppose the orders sought.

The court was required to decide whether it should grant the orders sought by the Attorney General, given that they were not opposed by Skerry. The court also needed to consider whether there was a point of principle that should be addressed, even though the orders were unopposed.

The court held that it had the discretion to make the orders even though they were not opposed. It was not necessary for the court to address any point of principle if the orders were not opposed, and there was no such point raised by Skerry. The court granted the orders sought by the Attorney General, appointing experts to assess Skerry and extending his detention until the next hearing.

The court's final orders were that experts be appointed to assess Skerry and that his detention be extended until the next hearing. The orders were made without the need to address any point of principle as they were not opposed by Skerry.
Details

Areas of Law

  • Mental Health Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Expert Evidence