NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Hearing dates: 04/03/2014, 05/03/2014 Decision date: 21 March 2014 Jurisdiction: Common Law Before: Garling J Decision: Order pursuant to clause 1 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 that the status of Mr Herbert McGuire as a forensic patient be extended up to and including 21 March 2015. Catchwords: CRIMINAL - defendant charged with multiple sexual offences - found unfit to plead - forensic patient - limiting term of five years - whether after expiry of limiting term extension order as a forensic patient should be made
CIVIL - Mental Health (Forensic Provisions) Act 1900 (NSW) - forensic patient - limiting term expired - multiple interim extension orders made - final hearing - whether final order should be made to extend status as a forensic patient - whether poses an "unacceptable risk" of causing serious harm to others - balancing exercise - deprivation of liberty - protection of community - other less restrictive means - period necessary to enable assessment of progress
STATUTORY INTERPRETATION - Mental Health (Forensic Provisions) Act 1900 (NSW) - Schedule 1 - "unacceptable risk of causing serious harm" - "other less restrictive means" Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Guardianship Act 1987 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Attorney-General of NSW v McGuire [2013] NSWSC 1862 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; (2008) 38 WAR 307 NSW v Richardson (No.2) [2011] NSWSC 276 State of NSW v Thomas [2011] NSWSC 118 R v McGuire [2009] NSWDC 245 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; (2007) 35 WAR 297 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders - 5th Edition Category: Principal judgment Parties: Attorney-General of NSW (P) Herbert Robert McGuire (D) Representation: Counsel: W Abraham QC / Ms S Callan (P) M Ierace SC (D) Solicitors: Crown Solicitor (P) Legal Aid (NSW) (D) File Number(s): 2013/369832 Publication restriction: Victim's name suppressed
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