Attorney General of New South Wales v WB [2019] NSWCA 301

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General of New South Wales v WB [2019] NSWCA 301 Hearing dates: 29 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Before: Basten JA Decision: 1. Make an interim extension order pursuant to cl 10, Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) with respect to the respondent, such order to operate until further order of the Court or until 5pm 13 December 2019, whichever date is earlier.

2. Continue the order made by Ierace J in the Common Law Division that there be no publication of any information which may identify either the respondent or the victims of the sexual assaults in respect of which he was charged.

I make that order to reflect the terms of s 18(1) of the Chid Protection (Offenders Prohibition Orders) Act 2004 (NSW) and pursuant to s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW); in the latter case for the reasons given by Ierace J which apply in respect of that provision. Catchwords: MENTAL HEALTH – forensic patients – expiry of limiting term – extension of status as forensic patient – whether extension order can be made with respect to a person who has ceased to be a forensic patient

PROCEDURE – civil – appeal pending – interim orders – order required to preserve subject-matter of appeal Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), s 42, Sch 1 cll 2, 6, 10, 11 Cases Cited: Turner v State of New South Wales [2019] NSWCA 164 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Applicant) WB (Respondent) Representation: Counsel: J Emmett / J Brezniak (Applicant) P Coady (Respondent)