Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Hearing dates: 7 February 2019 Date of orders: 13 February 2019 Decision date: 13 February 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to cl 1 of Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), the defendant is subject to an extension order for a period of 2 years and 6 months expiring on 13 August 2021.

(2) I direct the Registrar, pursuant to cl 7(3) of Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), to notify the Mental Health Review Tribunal of Order (1). Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1900 – forensic patient – limiting term expired – previous extensions of status as a forensic patient – application for further extension – whether patient poses continuing unacceptable risk – whether risk can be adequately managed by less restrictive means including guardianship order – extension order made for a period of 2½ years to permit trial of cessation of medication and management by the Mental Health Review Tribunal with less restrictive conditions Legislation Cited: Crimes Act 1900 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General of New South Wales v McGuire [2016] NSWSC 158 Attorney General of New South Wales v Skerry (by his tutor Thompson) (Final) [2018] NSWSC 1711 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Attorney General of NSW v HRM [2016] NSWSC 1189 Attorney General of NSW v McGuire [2018] NSWSC 1795 Attorney-General for the State of New South Wales v Boyce by his tutor Jennifer Thompson [2017] NSWSC 144 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Attorney-General of NSW v McGuire (No.2) [2014] NSWSC 288 Cornwall v. Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Herbert Robert McGuire (Defendant) by his tutor Jennifer Thompson Representation: Counsel: J Single (Plaintiff) E Tringali (Defendant)