State of NSW v Costellia-Kamm [2020] NSWSC 1929

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Costellia-Kamm [2020] NSWSC 1929 Hearing dates: 18 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 that two qualified psychiatrists or psychologists, or any combination of such persons, be appointed to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations. (2) Order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 that the defendant attend such examinations as are appointed by the plaintiff. (3) Order pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to an interim supervision order commencing from midnight on 7 January 2021. (4) Order pursuant to s 10C(1) of the Crimes (High Risk Offenders) Act 2006 that that interim supervision order continue for a period of 28 days unless renewed on further application by the plaintiff for another period of 28 days or else the proceedings are finally determined. (5) Order pursuant to s 11 of the Crimes (High Risk Offenders) Act that for the period of this interim supervision order the defendant is to comply with the conditions set out in schedule A to the summons filed by the plaintiff on 5 November 2020. (6) Stand the proceedings over for directions before the Court at 9.30am on Tuesday, 2 February 2021. (7) Grant the parties liberty to apply. Catchwords: HIGH RISK OFFENDERS – Interim Supervision Order – Conditions – Serious Sex Offender – where an ISO is not opposed – where a condition about residence is in dispute – no point of principle Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney General for New South Wales v Kapeen [2018] NSWSC 619 Attorney-General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Ley Thomas Baker (No. 2) [2015] NSWSC 483 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Not Applicable Category: Principal judgment Parties: State of NSW (P) William Costellia-Kamm (D) Representation: Counsel: G Wright (P) M Robinson SC / J Alderson (Ms) (D)