Attorney-General for New South Wales v Riley (Final) [2019] NSWSC 1782

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General for New South Wales v Riley (Final) [2019] NSWSC 1782 Hearing dates: 2 and 16 August 2019 Date of orders: 22 August 2019 Decision date: 12 December 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court confirms the orders made on 22 August 2019. 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 – discretionary considerations –extension order made for a period of 12 months Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 Cases Cited: Attorney General for New South Wales v Huckstadt [2017] NSWSC 441 Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for New South Wales v Riley by his tutor Rodrigues [2019] NSWSC 602 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General of New South Wales v McGuire [2016] NSWSC 158 Attorney General of NSW v Doolan (No 2) [2016] NSWSC 107 Attorney-General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney-General of New South Wales v McGuire [2017] NSWSC 1572 Attorney-General of NSW v Doolan [2015] NSWSC 1773 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 NSW Minister for Mental Health v Paciocco (No 2) [2018] NSWSC 866 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of NSW v Ceissman [2018] NSWSC 508 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Robert James Riley (Defendant) Representation: Counsel: D New (Plaintiff) C Goodhand (Defendant)