Attorney General of NSW v Williams (by his tutor Ainsworth) (Preliminary) [2023] NSWSC 1

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Williams (by his tutor Ainsworth) (Preliminary) [2023] NSWSC 1 Hearing dates: 2 December 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the Court: (a) appoints two qualified psychiatrists, two registered psychologists or two registered medical practitioners (or any combination of two such persons) to conduct separate examinations of Maurice Percy Williams and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; (b) directs Maurice Percy Williams to attend those examinations; (2) Pursuant to ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Maurice Percy Williams is subject to an interim extension order for the extension of his status as a forensic patient commencing on 30 January 2023 and expiring on 29 April 2023; (3) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court and if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: CIVIL – mental health – forensic patient – interim order for extension of forensic patient status – order appointing two qualified psychiatrists, registered psychologists or registered medical practitioners to conduct examinations and furnish reports – order requiring defendant attend examinations – interim orders not opposed – aggravated break and enter and commit larceny – intellectual disability – substance use disorder – risk of causing serious harm to others – no less restrictive means to adequately manage risks – interim orders made Legislation Cited: Crimes Act 1900 (NSW) ss 98, 112 Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) s 14 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) pts 4, 5, 6; ss 2, 3, 69, 72, 121,122, 124, 125, 126, 127, 128, 130, 131; sch 2 Mental Health (Forensic Provisions) Act 1990 (NSW) s 16 Cases Cited: Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for the State of New South Wales v Winters [2007] NSWSC 611 Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney-General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Thomas (Preliminary) [2011] NSWSC 118 R v Presser [1958] VR 45 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of NSW v Sancar [2016] NSWSC 867 Texts Cited: New South Wales, Commencement Proclamation, No 116, 19 March 2021 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Maurice Percy Williams (Defendant) Representation: Counsel: J Davidson (Plaintiff) L Jardim (Defendant)