Attorney General of NSW v Michael John Skerry

The Attorney General of New South Wales filed an application against Michael John Skerry, a forensic patient, to obtain an interim extension order under the Mental Health Forensic Provisions Act 1990 (NSW). The application was made as Skerry’s limiting term was due to expire, and the Court was required to determine whether the criteria for an extension were met. The matter was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether Skerry met the criteria set out in section 20 of the Act for an interim extension order. Specifically, the court had to assess whether Skerry was likely to be mentally ill at the time of the expiration of his limiting term and whether he was likely to be a danger to himself or others if released. The court also needed to consider whether there was a reasonable likelihood that Skerry could be treated successfully if detained.

In granting the interim extension order, the court found that Skerry met the criteria for an extension. The court considered evidence from Skerry’s treating psychiatrist and other medical professionals, which indicated that Skerry was likely to be mentally ill at the time his limiting term expired and that he posed a danger to others if released. The court also found that there was a reasonable likelihood that Skerry could be treated successfully if detained. Consequently, the court concluded that an interim extension order was appropriate to ensure that Skerry could continue to receive the necessary treatment.

The court granted an interim extension order until a further hearing could be held to determine the final terms of Skerry’s detention.