Attorney General of New South Wales v McGuire [2017] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v McGuire [2017] NSWSC 1072 Hearing dates: 3 August 2017 Date of orders: 03 August 2017 Decision date: 16 August 2017 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to clause 10 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ("the MHFP Act"), that the Defendant be subject to an interim extension order commencing on 23 August 2017 for a period of 28 days expiring 20 September 2017. 2. Pursuant to clause 6(5) of Schedule 1 of the MHFP Act that: (a) two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of such persons) as agreed by the parties are appointed to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 5 October 2017; and (b) the Defendant is directed to attend those examinations. 3. The matter is listed on a date to be advised by the Court (no later than 20 September 2017) for an application by the Plaintiff to renew the interim extension order set out in Order 1. 4. The plaintiff is to file and serve any evidence on which it relies by 5pm on 19 October 2017. 5. The plaintiff is to file and serve any submissions on which it relies by 5pm on 26 October 2017. 6. The defendant is to file and serve any evidence on which he relies by 5pm on 2 November 2017. 7. The defendant is to file and serve any submissions on which he relies by 5pm on 9 November 2017. 8. The matter is listed for a final hearing at 10am on 15 November 2017 with an estimate of one day. 9. Liberty to apply on one days' notice. Catchwords: MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 – application for an extension order pursuant to Schedule 1 – forensic patient – interim proceedings – question of interim order – question of appointment of medical practitioners to examine the defendant – risk to the community – question of publication Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Cases Cited: A by his tutor Brett Anthony Collins v Mental Health Review Tribunal [2010] NSWSC 1363 Attorney General for the State of New South Wales v Boyce (No. 2) [2017] NSWSC 648 Attorney General for the State of New South Wales v XY [2014] NSWCA 466 Attorney General of New South Wales v HRM (No 2) [2016] NSWSC 751 Attorney General of New South Wales v Kereopa (No 3) [2017] NSWSC 929 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 New South Wales v McGuire [2016] NSWSC 158 Attorney General of NSW v HRM [2016] NSWSC 1189 Attorney General of NSW v McGuire (No 2) [2014] NSWSC 288 Attorney General v Doolan [2015] NSWSC 1773 Attorney General v Huckstadt (No 2) [2017] NSWSC 595 B v St Vincents Hospital Sydney Limited [2016] NSWSC 39 Cornwall v Attorney General of New South Wales [2007] NSWCA 374 M v Mental Health Review Tribunal & Ors (No 2) [2016] NSWSC 572 R v McGuire [2009] NSWDC 245 Sarah White v Local Health Authority & Anor [2015] NSWSC 417 Category: Principal judgment Parties: The Attorney General of NSW (Plaintiff) Herbert Robert McGuire (Defendant) Representation: Counsel: Ms S Callan with Ms R Khalilizadeh (Plaintiff) Ms Neha Evans (Defendant)