State of New South Wales v Paton (Preliminary) [2020] NSWSC 1178

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Paton (Preliminary) [2020] NSWSC 1178 Hearing dates: 26 August 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) That two qualified psychiatrists, psychologists (or any combination of such persons) be appointed 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; and (b) That the defendant is directed to attend those examinations. (2) Pursuant to s 10A and s 10C(1) of the Act, the defendant is subject to an interim supervision order for a period of 28 days to commence on 2 September 2020 and expire on 29 September 2020. (4) Pursuant to s 11 of the Act, direct that for the period of the interim supervision order the defendant must comply with the conditions set out in the Schedule to this judgment. (5) 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 – preliminary hearing – application for interim supervision order– serious sex offender – choke/strangle with intent to commit indictable offence – history of detaining women for sexual gratification – relevant statutory factors – risk assessment – applicability of standard conditions Legislation Cited: Crimes Act 1900 (NSW), s 37(2), s 61KD, s 61J, s 86(1) Crimes (High Risk Offenders) Act 2006 (NSW), s 4(1), s 5, s 5B, s 5I (1), s 6(3), s 7(3), s 7(4), s 9(1)-(3), s 10A, s 10C(1), s 11 Cases Cited: State of New South Wales v Manners [2008] NSWSC 1242 Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 State of New South Wales v Sharpe [2017] NSWSC 469 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Loto [2018] NSWSC 1522 Wilde v the Slate of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 State of NSW v McQuilton (Final) [2019] NSWSC 265 State of New South Wales v Bugmy [2017] NSWSC 855 New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Matthes (AKA Hackett) (Final) [2019] NSWSC 1360 State of New South Wales v Joensen (Final) [2019] NSWSC 1614 State of New South Wales v Steven Single [2019] NSWSC 176 State of New South Wales v Grooms (Final) [2019] NSWSC 353 Baldwin v State of New South Wales [2020] NSWCA 112 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Craig Hunter Paton (Defendant) Representation: Counsel: Mr H El‑Hage (Plaintiff) Ms E Sullivan (Defendant)