State of New South Wales v Arthurell (Preliminary) [2021] NSWSC 482

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Arthurell (Preliminary) [2021] NSWSC 482 Hearing dates: 14 April 2021 Date of orders: 15 April 2021 Decision date: 06 May 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) Order that, pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) as agreed between the parties are 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 4 June 2021. (b) The defendant is directed to attend those examinations. (2) Order that: (a) pursuant to s. 10A of the Act, the defendant is subject to an interim supervision order from midnight on 24 May 2021 ("the interim supervision order"); (b) pursuant to s. 10C(1) of the Act, the interim supervision order be for a period of 28 days; and (c) pursuant to s. 11 of the Act, direct the defendant, for the period of the interim supervision order, to comply with the conditions set out in the Schedule to these Orders. (3) Order that 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. (4) Order that the parties comply with the following timetable: (a) Any evidence for the plaintiff is to be filed and served by 11 June 2021; (b) Any evidence for the defendant is to be filed and served by 18 June 2021; (c) Written submissions for the plaintiff are to be filed and served by 23 June 2021; (d) Written submissions for the defendant are to be filed and served by 30 June 2021; (5) The matter is adjourned for the final hearing of the plaintiff's Amended Summons to 5 July 2021, at a time to be advised by the Court, with a 1 day estimate. (6) Liberty to the parties to restore the matter to the list before Wilson J within 5 days of the date of these orders. Catchwords: HIGH RISK OFFENDERS — application for continuing supervision order – defendant convicted of three serious homicide offences – long history of exposure to and participation in violence — history of violence against intimate partner — limited history in community as an adult — question as to whether the defendant poses an unacceptable risk to the community if not supervised — question of nature and conditions of supervision — limitations upon supervision — defendant identifies as transgender — question as to changes in appearance — order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Weapons Prohibition Act 1998 (NSW) Firearms Act 1996 (NSW) Cases Cited: The Queen v Arthurell and Buckley (Supreme Court (NT), 12 May 1982, unrep) R v Arthurell (Supreme Court (NSW), 24 July 1989, unrep) R v Arthurell (Supreme Court (NSW), 3 October 1997, unrep) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Regina Kaye Arthurell (Defendant) Representation: Counsel: C McGorey (Plaintiff) D Barrow (Defendant)