Attorney General of New South Wales v McGuire [2016] NSWSC 158

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v McGuire [2016] NSWSC 158 Hearing dates: 27-28 May 2015 Date of orders: 10 June 2015 Decision date: 01 March 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Order pursuant to clause 1 of schedule 1 of the Mental Health (Forensic Provisions) Act 1990 that the status of Mr Herbert Robert McGuire as a forensic patient be extended up to and including 10 June 2016. Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1900 – forensic patient – limiting term expired – extension under supervision – application for further extension – whether patient poses continuing unacceptable risk – meaning of unacceptable risk – need for continued medication and supervision in relation thereto – patient has improved but not sufficiently to allow self-medication on a voluntary basis – extension granted for 12 months so that more frequent assessments may be made Legislation Cited: Bail Act 2013 Civil Liability Act 2002 Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Dangerous Sexual Offenders Act 2006 (WA) Mental Health (Forensic Provisions) Act 1990 Cases Cited: Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney General of New South Wales v McGuire [2015] NSWSC 152 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; (2008) 198 A Crim R 149 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; (2007) 176 A Crim R 110 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 81 ALJR 1107 R v Hawi [2014] NSWSC 837 Rosenberg v Percival [2001] HCA 18; (2001) 205 CLR 434 State of New South Wales v Conway [2011] NSWSC 588 State of New South Wales v Richard John Darrego [2011] NSWSC 360 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Woods v DPP [2014] VSC 1 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Herbert Robert McGuire (Defendant) Representation: Counsel: H Bennett (Plaintiff) P Coady (Defendant)