State of New South Wales v Azar (Preliminary) [2020] NSWSC 1807

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Azar (Preliminary) [2020] NSWSC 1807 Hearing dates: 7 December 2020 Decision date: 16 December 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) An order pursuant to s 7(4) of the Act: (a) Appointing a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and/or psychological 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) I direct 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 commencing on 18 December 2020 (the Interim Supervision Order). (b) Pursuant to s 10C(1) of the Act that the Interim Supervision Order be for a period of 28 days; and (c) Pursuant to s 11 of the Act, I direct that the defendant for the period of the Interim Supervision Order comply with the conditions set out in the Schedule to this judgment. Catchwords: HIGH RISK OFFENDER – mental health issues (schizophrenia) – index offence of manslaughter – offender suffering undiagnosed schizophrenia at time of index offence – defendant granted parole in December 2017 – defendant commenced displaying non-compliant behaviour – increase in aggression directed at family members – parole revoked after six months on the basis of failure to maintain good behaviour – defendant using illicit substances while in gaol – preliminary application for ISO – whether unacceptable risk of committing another serious violence offence – defendant has little insight into his ongoing needs for psychiatric and psychological treatment – dispute as to conditions – ISO made. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General for the State of New South Wales v Gallagher [2006] NSWSC 340 Attorney General for the State of New South Wales v Winters [2007] NSWSC 611 Attorney General for the State of 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) 91 NSWLR 636; [2016] NSWCCA 57 State of New South Wales v Boney (Final Hearing) [2020] NSWSC 1375 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v Kaiser (Preliminary) [2018] NSWSC 1971 State of New South Wales v Love (Preliminary) [2019] NSWSC 1660 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of NSW v Love [2020] NSWSC 165 State of NSW v Vincent (Preliminary) [2020] NSWSC 1269 The State of NSW v Sharpe [2017] NSWSC 469 Category: Principal judgment Parties: State of New South Wales – Plaintiff Daniel Azar – Defendant Representation: Counsel: C Melis – Plaintiff A Bhasin – Defendant