State of New South Wales v TD (Preliminary) [2020] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v TD (Preliminary) [2020] NSWSC 1034 Hearing dates: 3 August 2020 Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) That Dr Richard Furst and Mr Patrick Sheehan be appointed to conduct separate psychiatric and psychological examinations of the defendant and to furnish reports to the Court on the results of those examinations; and (b) That the defendant is directed to attend psychiatric assessment by Dr Richard Furst on 21 August 2020 and psychological assessment by Mr Patrick Sheehan on 26 August 2020. (2) Pursuant to ss 10A and 10C(1) of the Act the defendant is to be subject to an interim supervision order for 28 days ("the interim supervision order") from 24 August 2020 to 20 September 2020. (3) Pursuant to s 11 of the Act the defendant is directed, for the period of the interim supervision order, to comply with the conditions set out in the Schedule. (4) That 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. (5) The matter is listed for final hearing on 14 October 2020. (6) Liberty to apply for further orders. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order – most orders sought by the state not opposed – relevant statutory factors – disputed condition of proposed order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 3, s 4A, s 5, s 5B, s 5I, s 6(3), s 7(3)-(5), s 9(1)-(3) s 10A, s 10C Children (Criminal Proceedings) Act 1987 (NSW), s 15A, s 33(1)(e) Crimes Act 1900 (NSW), 66C(3), s 66EB(3), s 91H(2) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW),s 10A Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 R v [TD] [2018] NSWDC 180 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Sharpe [2017] NSWSC 469 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) TD (Defendant) Representation: Counsel: Mr H El‑Hage (Plaintiff) Dr A Hughes (Defendant)