State of New South Wales v Alliband [2020] NSWSC 1585

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Alliband [2020] NSWSC 1585 Hearing dates: 23 October 2020 Date of orders: 23 October 2020 Decision date: 10 November 2020 Jurisdiction: Common Law Before: Wilson J Decision: Appointment of experts (1) An order pursuant to s. 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing a qualified psychiatrist and a registered psychologist 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. Interim relief (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") from 24 October 2020. (b) Pursuant to s. 10C of the Act that the interim supervision order be for a period of 28 days. (c) Pursuant to s. 11 of the Act directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to these Orders. (3) The report of Dr Samuels is to be furnished to the Court by 24 November 2020 (4) The report of Dr Pullman is to be furnished to the Court by 27 November 2020. (5) The plaintiff is to file and serve any evidence upon which it relies by 13 November 2020. (6) The plaintiff is to serve written submissions by 30 November 2020. (7) The defendant is to serve written submissions and evidence by 4 December 2020. (8) By no later than 5pm on 4 December 2020, the Plaintiff is to provide to the chambers of the judge allocated to preside at the final hearing a working copy of each document relied upon by the parties for the purposes of the final hearing, including any aides memoire of the parties and any statement of agreed facts (or similar). (9) 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 of access. (10) Liberty to apply to relist the matter on two working days' notice. Hearing (11) The matter is listed for final hearing of the application on 8 December 2020. Catchwords: HIGH RISK OFFENDER – preliminary proceedings – application for interim supervision order – current custody expired – question of jurisdiction of the Court to impose interim supervision order – construction of s 10A of Crimes (High Risk Offenders) Act – requirement to construe provision consistently across Part 2 – question of conditions to be imposed – orders made Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Interpretation Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue(2009) 239 CLR 27; [2009] HCA 41 Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1; [2012] HCA 3 State of New South Wales v Windle (No 5) [2020] NSWSC 385 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Arthur Alliband (Defendant) Representation: Counsel: G Wright (Plaintiff) S McGee (Defendant)