State of New South Wales v Davis (Preliminary) [2021] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davis (Preliminary) [2021] NSWSC 53 Hearing dates: 4 February 2021 Date of orders: 10 February 2021 Decision date: 10 February 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act") the Court orders that two qualified psychiatrists, 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 by a date to be fixed by the Court.

2. An order is made directing the Defendant to attend those examinations.

3. Pursuant to s.10A of the Act that the Defendant is to be subject to an interim supervision order from 18 February 2021 for a period of 28 days.

4. Pursuant to s.11 of the Act the Court orders that the Defendant comply with the conditions of the interim supervision order which are set out in the Schedule to this judgment.

5. Access to the Supreme Court file is restricted in respect of this proceeding so that access will only be permitted to a non-party with the leave of a Judge of the Court, and only after the parties have had notice of the non-party's application for access and have been afforded an opportunity to be heard with respect to the application for access. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order and for examination by Court-appointed experts – Defendant currently serving sentence for index offences – Defendant does not oppose making of orders – dispute as to conditions – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Health Records and Information Privacy Act 2002 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 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 TT (Final) [2018] NSWSC 358 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Richardson (Preliminary) [2020] NSWSC 1442 State of New South Wales v Lee [2018] NSWSC 473 New South Wales v Lidster (Preliminary) [2020] NSWSC 275 State of New South Wales v Lidster (Final) [2020] NSWSC 788 State of NSW v Hunt (Final) [2020] NSWSC 1005 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Glenn Davis (Defendant) Representation: Counsel: Mr T Hammond (Plaintiff) Ms R Khalilizadeh (Defendant)