Attorney General of New South Wales v McGuire [2013] NSWSC 1862

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Hearing dates: 12 December 2013 Decision date: 12 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ("Act"): a. The court appoints two qualified psychiatrists or psychologists Professor Susan Hayes and Dr Andrew Ellis to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 14 February 2014; b. the Defendant is directed to attend those examinations. 2. Pursuant to clause 10 of Schedule 1 of the Act the Defendant is subject to an Interim extension order for a period of 28 days from 31 December 2013. 3. List the proceedings before the Duty Judge on 16 January 2014 to hear the State's application to extend the interim extension order referred to in order 2 above. 4. The Plaintiff to file and serve any evidence for the final hearing by 21 February 2014. 5. The Defendant to file and serve any evidence for the final hearing by 28 February 2014. 6. The Plaintiff to file and serve written submissions 5 days prior to the final hearing. 7. The Defendant file and serve written submissions 1 day prior to the final hearing. 8. The parties are granted leave to approach the Listing Manager in the Supreme Court Registry to obtain a date for the final hearing, noting: a. the parties estimate of 1 - 2 days; and b. there is some need for urgency/expedition as the matter concerns the liberty of the Defendant and must be heard and determined prior to 25 March 2014. 9. Grant liberty to apply on one day's notice. Note: 10. In relation to the court appointed experts (referred to in Order 1 above) the Court notes the parties will send a joint letter of instruction (and accompanying bundle of documents) on or before 20 December 2013. Orders to be entered forthwith. Catchwords: CRIMINAL LAW - forensic patient - serious sexual offences found proven at a special hearing - limiting term about to expire - regime under Schedule 1 to Mental Health (Forensic Provisions) Act similar to Crimes (High Risk Offenders) Act - similar principles to be applied - moderately high risk offender - extension order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Attorney-General for the State of New South Wales v Haytar [2007] NSWCA 993 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Director of Public Prosecutions Western Australia v GTR [2008] WASCA 187; (2008) 198 A Crim R 149 Director of Public Prosecutions Western Australia v Williams [2007] WASCA 206; (2007) 176 A Crim R 110 State of the New South Wales v Brooks [2008] NSWSC 150 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Interlocutory applications Parties: Attorney General of New South Wales (Plaintiff) Herbert Robert McGuire (Defendant) Representation: Counsel: W Abraham QC & S Callan (Plaintiff) M Ierace SC (Defendant) Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2013/369832