State of New South Wales v Pearson (Preliminary) [2021] NSWSC 304

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Pearson (Preliminary) [2021] NSWSC 304 Hearing dates: 26 March 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a. That two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) be appointed 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; b. That the defendant attend those examinations. 2. Order pursuant to ss. 10A and 10C(1) of the Act, that the defendant be subject to an interim supervision order commencing from midnight on 31 March 2021 for a period of 28 days ("the interim supervision order"). 3. Order pursuant to s. 11 of the Act, the defendant is for the period of the interim supervision order, to comply with the conditions set out in the Schedule to this judgment. 4. 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. 5. The matter is listed before Bellew J for directions at 9:30am on 8 April 2021. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDERS – extended supervision order - preliminary hearing – serious sex offender – whether the court is satisfied to a high degree of probability that the defendant poses an unacceptable risk of committing another serious offence if not kept under supervision – where defendant has extensive criminal record – where defendant had sexual assault and indecent assault convictions – where defendant has mental health issues and substance abuse disorder – where defendant's risk assessment is above average – interim supervision order granted – nature of conditions of ISO to be imposed Legislation Cited: Crimes Act 1900 (NSW) ss 61J, 61L, 323 Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5I, 7, 10A, 10C Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 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 Burns [2014] NSWSC 1014 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon (No 2) [2019] NSWSC 883 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v BG (Final) [2019] NSWSC 200 State of NSW v Clarke [2019] NSWSC 411 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Keith Pearson (Defendant) Representation: Counsel: J Harris (Plaintiff) E Sullivan (Defendant)