Attorney-General of New South Wales v McGuire [2017] NSWSC 1572

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Hearing dates: 15 November 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Common Law Before: Bellew J Decision: 1. Pursuant to Clause 1 of Schedule 1 of the Mental Health Forensic Provisions Act 1990 (NSW), the defendant is subject to an extension order for a period of one year from today. 2. I direct the Registrar, pursuant to Clause 7(3) of Schedule 1 of the Mental Health Forensic Provisions Act 1990 (NSW), to notify the Mental Health Review Tribunal of Order (1). Catchwords: MENTAL HEALTH – Forensic patient – Application for an extension order – Whether court could be satisfied to the requisite standard that the defendant posed an unacceptable risk of causing serious harm to others if he ceased to be a forensic patient – Whether any such risk could not be adequately managed by other less restrictive means – Extension order made for a period of 12 months

PRACTICE AND PROCEDURE – Application for order prohibiting the publication of the name of the defendant – Where the name of the defendant previously published in successive judgments – No utility in making such order – Application refused Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Boyce [2017] NSWSC 144 Attorney-General for the State of New South Wales v Tillman [2007] NSWSC 605 Attorney-General of New South Wales v HRM [2016] NSWSC 1189 Attorney-General of New South Wales v Huckstadt (No.2) [2017] NSWSC 595 Attorney-General of New South Wales v McGuire (No.2) [2014] NSWSC 288 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 New South Wales v TP [2015] NSWSC 1656 Cornwall v Attorney-General of New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57; (2016) 91 NSWLR 636 Minister for Health v Paciocco [2017] NSWSC NSW Minister for Mental Health v BB [2015] NSWSC 1418 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: Attorney-General for New South Wales – Plaintiff Herbert Robert McGuire – Defendant Representation: Counsel: S Callan - Plaintiff N Evans - Defendant