Attorney General of NSW v Williams (by his tutor Ainsworth) (Final) [2023] NSWSC 426

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Williams (by his tutor Ainsworth) (Final) [2023] NSWSC 426 Hearing dates: 17 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to ss 121 and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), that the defendant be subject to an order for the extension of his status as a forensic patient for a period of 18 months from 29 April 2023. (2) Direct that the Registrar of the Court notify the Mental Health Review Tribunal of the making of the above extension order. Catchwords: MENTAL HEALTH – forensic patient – extension order sought for a period of two years as forensic patient – whether defendant poses unacceptable risk of causing serious harm to others – whether the risk can be adequately managed by other less restrictive means – extension granted Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act NSW (2006) Crimes (Sentencing Procedure) Act 1999 (NSW) Interpretation Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Attorney General for New South Wales v Haines (Preliminary) [2022] NSWSC 458 Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for New South Wales v Mulipola (Final) [2021] NSWSC 1041 Attorney General for the State of New South Wales v Boyce (No.2) [2017] NSWSC 648 Attorney General for the State of New South Wales v Steadman [2016] NSWSC 174 Attorney General of New South Wales v Beryalay (by his tutor Johnson) (Final) [2022] NSWSC 1274 Attorney General of New South Wales v Beryalay by his tutor Thompson (Preliminary) [2019] NSWSC 252 Attorney General of New South Wales v Beryalay by his tutor Thompson (Final) [2019] NSWSC 816 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Attorney General of NSW v Williams (by his tutor Ainsworth) (Preliminary) [2023] NSWSC 1 Attorney-General of New South Wales v Williams [2021] NSWSC 1362 Attorney-General of New South Wales v Williams [2022] NSWSC 124 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Minister for Mental Health v Paciocco [2017] NSWSC 4 Parker v Comptroller General of Customs (2009) 252 ALR 619; [2009] HCA 7 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2019] NSWSC 1551 State of New South Wales v French (Final) [2017] NSWSC 1475 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 Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 Category: Principal judgment Parties: Attorney General of New South Wales (plaintiff) Maurice Percy Williams (defendant) Representation: Counsel: Mr K Ng (plaintiff) Ms C Goodhand (defendant)