Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Hearing dates: 24 February 2017 Date of orders: 24 February 2017 Decision date: 02 March 2017 Jurisdiction: Common Law Before: Davies J Decision: The Court orders:

1. Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ("the Act"):

a. The Court appoints two registered psychologists to conduct separate examinations of the Defendant and to furnish reports on the results of those examinations by 5:00pm on 21 April 2017.

b. The Defendant is directed to attend those examinations.

2. Pursuant to clauses 10 and 11 of Schedule 1 of the Act that an interim extension order be made by the Court for a period of 28 days from 4 March 2017.

3. The plaintiff to serve any affidavits on which it relies by 5:00 pm on 5 May 2017.

4. The plaintiff to file and serve submissions on which it relies by 5:00 pm on 9 May 2017.

5. The defendant to serve any affidavits on which he relies by 5:00 pm on 16 May 2017.

6. The defendant to file and serve submissions on which he relies by 5:00 pm on 18 May 2017.

7. The matter be listed for final hearing on 22 May 2017 at 10:00 am with an estimate of 1 day.

8. Stand the matter over to 10am on Tuesday 28 March 2017 to hear an application before a duty judge to renew the interim extension order for a further 28 days.

9. Liberty to apply to relist the matter on one days' notice. Catchwords: CRIMINAL LAW - forensic patient – serious sexual offences - limiting period about to expire – application for interim extension order – test for "unacceptable risk" – whether test in Lynn v State of NSW applies – whether defendant poses an unacceptable risk of causing serious harm to others – whether risk can be adequately managed by less restrictive means – absence of mental illness but defendant functioning in moderate to mild range of intellectual disability – high risk of serious sexual offending – no present proposal for management by less restrictive means – interim orders made Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Haytar [2007] NSWCA 993 Attorney General of New South Wales v McGuire [2013] NSWSC 1862 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales [2016] NSWCA 57 New South Wales Minister for Mental Health v Brauer [2015] NSWSC 863 R v Engert (1995) 84 A Crim R 67 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 (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Procedural and other rulings Parties: Attorney-General for the State of New South Wales (Plaintiff) Warren Boyce (Defendant) Representation: Counsel: G Wright (Plaintiff) S Kluss (Defendant)