Attorney General of NSW v HRM [2016] NSWSC 1189

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v HRM [2016] NSWSC 1189 Hearing dates: 24 August 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under section 54A and clauses 1 and 8 of schedule 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW) ("the Act"), I order HRM be subject to an extension order for a period of one year commencing on 24 August 2016 and expiring on 23 August 2017. (2) Under cl 7(3) of the Act, direct the Registrar to notify the Mental Health Review Tribunal of the making of this order; (3) Grant leave for the report of Dr Ellis of 12 May 2016 and Exhibits A and B to be relied upon in respect of HRM in the adjourned proceedings before the NSW Civil and Administrative Tribunal in its Guardianship Division. Catchwords: CRIMINAL LAW – forensic patient – serious sexual offences found proven at a special hearing – limiting term about to expire – application for extension – regime under Schedule 1 to Mental Health (Forensic Provisions) Act similar to Crimes (High Risk Offenders) Act – moderately high risk offender – extension order made Legislation Cited: Crimes Act 1900 (NSW), ss 61I, 112 Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 54A, sch 1 cll 5, 6, 7; Cases Cited: Attorney General of NSW v McGuire (2) [2014] NSWSC 288 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Plaintiff) HRM (Defendant) Representation: Counsel: J Single (plaintiff) S Kluss (Defendant)