Attorney General of New South Wales v McGuire [2015] NSWSC 152

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v McGuire [2015] NSWSC 152 Hearing dates: 2 March 2015 Decision date: 09 March 2015 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: 1.Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ('the 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 30 March 2015;

(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 21 March 2015. 3.I list the proceedings before the court on 17 April 2015 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 6 April 2015. 5.The Defendant to file and serve any evidence for the final hearing by 13 April 2015. 6.The Plaintiff to file and serve written submissions 5 days prior to the final hearing. 7.The Defendant to 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 (bThere is some need for urgency/expedition as the matter concerns the liberty of the Defendant and must be heard and determined before 12 June 2015. 9.I Grant liberty to apply on one day's notice. Note: 10In 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 9 March 2015. Catchwords: CRIMINAL LAW – forensic patient – serious sexual offences found proven at special hearing – limiting term expired – further extension order made – extension order due to expire 21 March 2015 – application for interim extension order at preliminary hearing – regime under Schedule 1 to Mental Health (Forensic Provisions) Act similar to Crimes (High Risk Offenders) Act – similar principles to be applied – defendant requires current level of supervision – need to ensure safety of community – moderate to high risk of relapsing into violent conduct – interim extension order made. Legislation Cited: Crimes Act 1900 – s6I1 Crimes (High Risk Offenders) Act 2006 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General of NSW v McGuire [2013] NSWSC 1862 Attorney General of NSW v McGuire (No 2) [2014] NSWSC 288 Attorney General for NSW v Tillman [2007] NSWCA 119 Cornwall v Attorney-General for New South Wales [2007] NSWCA 374 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; 198 A Crim R 149 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; 176 A Crim R 110 State of NSW v Colin John Fisk [2009] NSWSC 778 State of NSW v Manners [2008] NSWSC 1242 State of NSW v Graeme Allan Reed (Preliminary) [2011] NSWSC 625 State of NSW v Thomas (Preliminary) [2011] NSWSC 118 State of NSW v Thomas (Final) [2011] NSWSC 307 Tillman v Attorney-General for the State of NSW [2007] NSWCA 327; 70 NSWLR 448 Category: Principal judgment Parties: Attorney General of New South Wales – Plaintiff Herbert Robert McGuire - Defendant Representation: Counsel: Ms H Bennett – Plaintiff Mr P Coady - Defendant