Attorney General for New South Wales v McGuire (Preliminary) [2021] NSWSC 1222

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v McGuire (Preliminary) [2021] NSWSC 1222 Hearing dates: 4 August 2021 Date of orders: 12 August 2021 Decision date: 27 September 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders: (1) An order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW): (a) Appointing two qualified psychiatrists, or two registered psychologists (or a combination of such persons) to conduct separate examinations of the defendant and to furnish reports to this Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 130 and 131 of the Act, that the defendant be subject to an interim order for the extension of his status as a forensic patient commencing from midnight on 13 August 2021 and expiring 12 November 2021. Catchwords: CIVIL – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for interim extension order – general principles – forensic patient – limiting term due to expire – factors under s 127(2) – unacceptable risk – orders Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provision) Act 1990 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Attorney General for New South Wales v Huckstadt [2017] NSWSC 441 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General of New South Wales v Blanks [2021] NSWSC 303 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v McGuire (No 2) [2014] NSWSC 288 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General of NSW v Doolan (No 2) [2016] NSWSC 107 Attorney General of NSW v HRM [2016] NSWSC 1189 Attorney General of NSW v McGuire [2017] NSWSC 1572 Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Cornwall v Attorney General of New South Wales [2007] NSWCA 374 McMillan v Pryce (1997) 115 NTR 19 Owen v Woolworths Properties Ltd (1956) 96 CLR 154 R v McGuire [2009] NSWDC 245 State of New South Wales v Alam [2020] NSWSC 295 State of New South Wales v Barez (Preliminary) [2019] NSWSC 1589 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v DK (Preliminary) [2018] NSWSC 1947 State of New South Wales v Elomar (No 2) [2018] NSWSC 1034 State of New South Wales v Fayad (Preliminary) [2020] NSWSC 1681 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v Osman [2020] NSWSC 1646 State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Herbert McGuire (Defendant) Representation: Counsel: D New (Plaintiff) J Lucy (Defendant)