Mental health – Forensic patient – Extension of status as forensic patient – Where making of extension order subject to Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 122(1) – Where s 122(1) requires satisfaction both that forensic patient poses unacceptable risk and that the risk cannot be adequately managed by other less restrictive means – Where primary judge not satisfied to requisite standard of either matter – Where Court of Appeal allowed appeal on basis that satisfaction of unacceptable risk was common ground – Where respondent concedes satisfaction of unacceptable risk was not common ground – Where determination of remaining issues would have no practical utility – Whether to accept concession.
Words and phrases – "common ground", "extension order", "forensic patient", "high degree of probability", "interim order", "less restrictive means", "no practical utility", "satisfied to the requisite standard", "unacceptable risk of causing serious harm", "unfit to be tried".
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 122(1).
Mental Health (Forensic Provisions) Act 1990 (NSW), ss 4, 10-11.