State of New South Wales v Richardson (Preliminary) [2020] NSWSC 1442

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Richardson (Preliminary) [2020] NSWSC 1442 Hearing dates: 9 October 2020 Decision date: 20 October 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 (NSW) (the Act); (a) appointing two qualified psychiatrists and/or registered psychologists to conduct separate psychiatric and/or psychological examinations (as the case may be) of the defendant and to furnish reports to the 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: (a) pursuant to s 10A of the Act that the defendant be subject to an Interim Supervision Order ("the Interim Supervision Order"); and (b) pursuant to s 10C(1) of the Act that the Interim Supervision Order be for a period of 28 days from the date of the order; and (c) pursuant to s 11 of the Act directing the defendant for the period of the Interim Supervision Order to comply with the conditions attached to this judgment. (3) 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 – preliminary hearing – application for Interim Supervision Order – serious sex offender – defendant currently subject to parole – whether the defendant poses an unacceptable risk of committing a serious offence if not kept under supervision – dispute as to conditions – whether scheduling conditions should be imposed. Legislation Cited: Crimes Act 1900 (NSW) – s 66, 547 Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) – ss 5, 6, 7, 9, 10, 11 Crimes (Sentencing Procedure) Act 1999 (NSW) – s9 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Tannous [2020] NSWSC 292 Category: Principal judgment Parties: State of New South Wales – Plaintiff Mark William Richardson – Defendant Representation: Counsel: D New – Plaintiff P Coady/A Bhasin – Defendant