Attorney General of New South Wales v WB (Preliminary) [2019] NSWSC 1664

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v WB (Preliminary) [2019] NSWSC 1664 Hearing dates: 19 November 2019 Decision date: 28 November 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to cl 6(5)(a) of Schedule 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW), a psychiatrist and psychologist be appointed to separately examine the defendant and furnish reports to the Supreme Court, on the results of those examinations by a date to be fixed by the Court;

(2) Pursuant to cl 6(5)(b) of Schedule 1 to the Mental Health (Forensic Provisions) Act 1990 (NSW), the defendant is directed to attend the examinations by the psychiatrist and psychologist;

(3) The application for an interim extension order extending the defendant's status as a forensic patient is dismissed;

(4) Access to the Court's file in this proceeding be restricted such that access will be granted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties, so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – forensic patient – limiting term – application under the Mental Health (Forensic Provisions) Act 1990 (NSW) – application for interim extension order – preliminary hearing – where the index events involved charges of child sexual abuse – where the defendant was found unfit to be tried and a qualified finding of guilt was made – where the defendant has a limited criminal history – Court satisfied to a high degree of probability that the defendant poses an unacceptable risk of causing serious harm to others – discretion not to impose IEO regardless exercised – application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), s 8(1)(c) Crimes (High Risk Offenders) Act 2006 (NSW), ss 7(4), 10A(b)) Mental Health Act 2007 (NSW), s 162 Mental Health (Forensic Provisions) Act 1990 (NSW), Sch 1, cll 2, 6, 7(2), 10, 11 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 24(5), 27(b) Cases Cited: Attorney General of New South Wales v Beryalay by his tutor Jennifer Thompson (Preliminary) [2019] NSWSC 252 State of New South Wales v Richardson (No 2) [2011] NSWSC 276 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Plaintiff) WB (Defendant) Representation: Counsel: S Climo (Plaintiff) M Bridgett (Defendant)