State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Hearing dates: 10 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) directing the defendant to attend those examinations; (2) An order pursuant to s 10A of the Act that the defendant be subject to an Interim Supervision Order commencing 3 January 2021 ("the Interim Supervision Order"); (3) An order pursuant to s 10C(1) of the Act that the Interim Supervision Order be for a period of 28 days; and (4) An order 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 this judgment. Catchwords: HIGH RISK OFFENDER – convictions for serious sexual and violence offences – application for Interim Supervision Order – defendant on parole for 10 months – defendant fully compliant with parole conditions – dispute as to conditions to be imposed in preliminary application – some conditions intrusive – community safety paramount. Legislation Cited: Crimes (High Risk Offenders) Act 2006 (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 Baldwin v State of New South Wales [2020] NSWCA 112 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Donovan [2015] NSWSC 1254 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 Loto [2018] NSWSC 1522 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Wilde v State of New South Wales [2015] NSWCA 28 Winters v Attorney General of NSW [2008] NSWCA 33 Category: Principal judgment Parties: State of New South Wales – Plaintiff Brian Allan Wilkinson - Defendant Representation: Counsel: P Aitken – Plaintiff D Bhutani - Defendant