Attorney General of New South Wales v Boyce (by his tutor Johnson) (Final) [2022] NSWSC 1124

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Boyce (by his tutor Johnson) (Final) [2022] NSWSC 1124 Hearing dates: 17 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to sections 121, 127(1)(a) and s 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defendant is subject to an order for the extension of his status as a forensic patient for a period of four years from 17 August 2022. (2) Access to the two court appointed experts' reports be granted to Mr Boyce's treating team. Catchwords: MENTAL HEALTH – forensic patient – extension of status as forensic patient – history of sexual offending against children – where the defendant poses an unacceptable risk of serious harm to others if he ceases to be a forensic patient – defendant cannot be managed adequately by less restrictive means – dispute as to duration of extension order – order made extending status as forensic patient for four years Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 72, 121, 122, 124, 125, 126, 127, 128, 130, 131 Mental Health (Forensic Provisions) Act 1990 (NSW), Sch 1 cl 1 Cases Cited: Attorney General for the State of New South Wales v Boyce (No. 2) [2017] NSWSC 648 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Warren Boyce (Defendant) Representation: Counsel: C Brain (Plaintiff) J Alewood (Defendant)