State of New South Wales v Boney (Preliminary) [2020] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Boney (Preliminary) [2020] NSWSC 704 Hearing dates: 5 June 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Common Law Before: Johnson J Decision: Johnson J makes the following orders:

1. Pursuant to s. 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"):

a) two qualified psychiatrists and one psychologist are appointed to conduct separate psychiatric examinations and psychological examination of the Defendant and to furnish reports to the Court on the results of those examinations by a date to be fixed by the Court; and

b) the Defendant is directed to attend those examinations.

2. Pursuant to s.18A of the Act, the Defendant is to be subject to an interim detention order for a period of 28 days commencing on 21 July 2020.

3. Pursuant to s.20(1) of the Act, a warrant is to issue for the committal of the Defendant to a correctional centre for the duration of the interim detention order referred to in Order 2 above.

4. Access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER - preliminary hearing - application for interim detention order and for examination by court-appointed psychiatrists - Defendant serving sentence for index offences - where Defendant does not contest making of interim detention order and order for examination - Court satisfied that orders should he made - interim detention order made together with order for examination by two psychiatrists and a psychologist Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Boney v R (2008) 187 A Crim R 167; [2008] NSWCCA 165 R v Boney [2006] NSWDC 85 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Phillip Mitchell Boney (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr P Coady; Mr R El-Choufani (Defendant)