State of New South Wales v Lynn (Preliminary) [2020] NSWSC 1066

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lynn (Preliminary) [2020] NSWSC 1066 Hearing dates: 12 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) That two qualified psychiatrists, or two registered psychologists, or one qualified psychiatrist and one registered psychologist be appointed to conduct separate psychiatric and/or 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 those examinations. (2) Pursuant to s 18A and s 18C of the Act the defendant is to be subject to an interim detention order for 28 days from 15 August 2020 to 11 September 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 a period of 28 days commencing on 15 August 2020. (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 of access. (5) Liberty to apply for further orders. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order – offences of violence – Violent Offenders Treatment Program – consideration of statutory criteria – risk of future offending Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), s 3, s 4A, s 5A(1), s 5B, s 5C, s 5D, s 9, s 14(3), s 15(4), s 17, s 18a(b0, s 20(1) Law Enforcement and Other Legislation Amendment Act 2007 (NSW), Sch 1 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 Lynn v State of New South Wales [2019] NSWCA 300 R v Scott David Lynn [2008] NSWSC 1122 State of New South Wales v Barrie (Final) [2018] NSWSC 1005 State of New South Wales v Carr [2020] NSWSC 643 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Loto [2018] NSWSC 1522 State of New South Wales v Lynn [2018] NSWSC 1240 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Russell (Final) [2020] NSWSC 396 State of New South Wales v Scott David Lynn [2015] NSWSC 665 State of New South Wales v Sharpe [2017] NSWSC 469 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Wilde [2014] NSWSC 305 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of NSW v Lynn [2013] NSWSC 1147 State of NSW v Lynn (Final) [2019] NSWSC 580 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Scott David Lynn (Defendant) Representation: Counsel: Ms D New (Plaintiff) Mr E Kerkyasharian (Defendant)