Attorney General of New South Wales v Maurice Collings [2024] NSWSC 644

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Maurice Collings [2024] NSWSC 644 Hearing dates: 24 April 2024 and 6, 10 May 2024 (written submissions) Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Common Law Before: Walton J Decision: The Attorney shall bring in Short Minutes of Order reflecting this judgment by 4:30pm on Tuesday 28 May 2024. Catchwords: HIGH RISK OFFENDERS – application for an order to extend the status of the defendant as a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for final relief – unacceptable risk of causing serious harm – the risk cannot be adequately managed by less restrictive means – duration – orders Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health Act 2007 (NSW), ss 4, 12, 14, 49, 65 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 69, 72, 121, 122, 124, 125, 127(1)(a), 128, 130, 131 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Attorney General of New South Wales v Collings (Preliminary) [2024] NSWSC 135 Attorney General of New South Wales v Haines (Preliminary) [2022] NSWSC 458 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 New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Attorney General of NSW v Doolan (No 2) [2016] NSWSC 107 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Cornwall v Attorney General of New South Wales [2007] NSWCA 374 In Re J (No. 2) [2011] NSWSC 1224 Lynn v State of New South Wales [2016] NSWCA 57 Presland v Hunter Area Health Service & Anor [2003] NSWSC 754 R v Maurice James Henry Collings [2023] NSWDC (Unreported) Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Maurice Collings (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) B Fogarty (Defendant)