State of New South Wales v Vincent (Preliminary) [2020] NSWSC 1269

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Vincent (Preliminary) [2020] NSWSC 1269 Hearing dates: 9 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) Orders pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (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; and (b) directing the Defendant to attend those examinations. (2) An order that access to the Court's file for any document shall not be granted to a non-party without leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDERS — Continuing detention orders — Preliminary hearing — Appointment of psychiatrists or psychologists — Where defendant soon to be sentenced for further offences — Relevance of prospective sentence to further period of imprisonment in respect of power to make continuing detention order WORDS AND PHRASES — "total sentence" — Crimes (High Risk Offenders) Act 2006 (NSW), s 13B(3)(a) Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes Act 1900 (NSW), ss 61J, 66C Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5, 5C, 13B, 15, 17, 18, 18C, 18D Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Elmir [2019] NSWSC 263 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Vincent (Preliminary) (No 2) [2020] NSWSC 590 State of New South Wales v Wilmott (Preliminary) [2019] NSWSC 776 State of NSW v Vincent [2017] NSWSC 858 Turner v State of New South Wales (2019) 99 NSWLR 767; [2019] NSWCA 164 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Aaron David Vincent (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Cook with R El-Choufani (Defendant)