Attorney-General for New South Wales v Williams (Preliminary) [2021] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General for New South Wales v Williams (Preliminary) [2021] NSWSC 1362 Hearing dates: 26 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. I order that the defendant's status as a forensic patient be extended from midnight on 5 November 2021 for a period of three months. 2. I order that two qualified psychiatrists or two registered psychologists, or a combination of both, be appointed to conduct separate examinations of the defendant, and to furnish reports to the Court on the results of those examinations. 3. I order that the defendant attend the examinations referred to in order (2). 4. The Court appointed experts are to submit expert reports to the Supreme Court by 5pm on Friday, 10 December 2021. 5. The plaintiff is to file and serve any evidence and submissions for the final hearing by 5pm on Tuesday, 22 December 2021. 6. The defendant is to file and serve any evidence and submissions for the final hearing by 5pm on Friday, 21 January 2022. 7. The plaintiff is to file and serve any updating evidence and submissions in reply by 5pm on Tuesday, 25 January 2022. 8. The parties are to notify one another of any witnesses they require for cross-examination at the final hearing by 5pm on Tuesday, 25 January 2022. 9. The plaintiff is to deliver a working folder to the chambers of the Judge allocated to the final hearing by 4pm on Wednesday, 26 January 2022. 10. The matter is listed for final hearing on Friday, 28 January 2022. 11. An order pursuant to s. 77(1) of the Crimes (Administration of Sentences) Act 1999 that the defendant be required to attend the final hearing on 28 January 2022, by way of audio-visual link. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient - aggravated break and enter and commit larceny – whether defendant poses an unacceptable risk of causing serious harm to others that cannot be managed by less restrictive means – reasonably serious drug problem – extensive criminal history increasing in seriousness - numerous offences committed while on conditional liberty – intellectual disability and poor insight into behaviour – no present proposal for management by less restrictive means – interim order made Legislation Cited: Crimes Act 1900 (NSW) ss 112, 114 Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) s 14 Mental Health (Forensic Provisions) Act 1990 (NSW) Sch 1 cll 121-144 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 121, 122, 125, 126, 127, 130, 167 Cases Cited: Attorney General for New South Wales v Boyce BHT Jennifer Thompson [2017] NSWSC 144 Attorney-General for the State of New South Wales v Haytar [2007] NSWCA 993 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Re J (No 2) [2011] NSWSC 1224 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: Nil Category: Procedural rulings Parties: Attorney General of New South Wales (Plaintiff) Maurice Williams (Defendant) Representation: Counsel: J Caldwell (Plaintiff) Z Alderton (Defendant)