Attorney General of NSW v McGuire [2018] NSWSC 1795

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v McGuire [2018] NSWSC 1795 Hearing dates: 20 November 2018 Decision date: 21 November 2018 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 ("MHFP Act"): (a) two qualified psychiatrists or registered psychologists or registered medical practitioners (or any combination of such persons) are appointed to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by no later than 16 January 2019; and (b) the Defendant is directed to attend those examinations. (2) Pursuant to clause 10 of Schedule 1 of the MHFP Act, the Defendant is subject to an interim extension order for a period of 28 days, commending on 22 November 2018 and expiring on 20 December 2018. Catchwords: FORENSIC PATIENTS – application for interim extension order – assessment of whether defendant poses an unacceptable risk – two interim orders made Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: 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 McGuire [2017] NSWSC 1072 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Herbert Robert McGuire by his tutor Jennifer Thompson (Defendant) Representation: Counsel: J Single (Plaintiff) E Tringali (Defendant)