State of New South Wales v Davis (Preliminary) [2020] NSWSC 754

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davis (Preliminary) [2020] NSWSC 754 Hearing dates: 9 June 2020 Date of orders: 09 June 2020 Decision date: 18 June 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (the Act): (a) appointing two qualified psychiatrists, psychologists (or any combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; (b) directing the defendant to attend those examinations. (2) An order: (a) pursuant to s 10A of the Act, that the defendant be subject to an Interim Supervision Order (the interim supervision order); (b) pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and (c) pursuant to s 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in Annexure "A" to this judgment. (3) An order that when the two qualified experts have been identified and an appointment is made for the defendant to see them that included in the opinions, which they give, should be an opinion as to whether they see any potential conflict between the standard form conditions annexed to this judgment; and the conditions which have been imposed by the CTO. (4) An order that access to the Supreme 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 matter – preliminary application for Interim Supervision Order – defendant currently in custody – custody will expire before final determination of proceedings – defendant suffering from schizophrenia and alcohol and drug addiction problems – statutory threshold criteria established – standard form conditions to apply – Interim Supervision Order made. Legislation Cited: Child Protection (Offenders Prohibition) Orders Act 2004 (NSW) – ss 13, 16 Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) – ss 61, 91,113 Crimes (High Risk Offenders) Act 2006 (NSW) – ss 3, 4, 5, 7, 9, 10, 17 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Cornwall v Attorney General for NSW [2007] NSWCA 374 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Colquhoun [2018] NSWSC 1012 State of NSW v Davis [2008] NSWSC 490 State of NSW v Davis [2008] NSWSC 664 State of NSW v Davis [2008] NSWSC 862 State of NSW v Lynn [2013] NSWSC 1147 State of NSW v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales – Plaintiff Stephen Roy Davis – Defendant Representation: Counsel: J Davidson – Plaintiff A Hughes – Defendant