State of New South Wales v Sittczenko (Preliminary) [2021] NSWSC 547

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sittczenko (Preliminary) [2021] NSWSC 547 Hearing dates: 10 May 2021 Date of orders: 10 May 2021 Decision date: 18 May 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) Appointing two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of these examinations by a date to be fixed; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 10A and 10C(1) of the Act that the defendant be subject to an Interim Supervision Order ("the Interim Supervision Order") from midnight on 8 June 2021 for a period of 28 days. (3) 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 these Orders. (4) 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. (5) The matter be listed before Bellew J for directions at 9:15 AM on 13 May 2021. Catchwords: HIGH RISK OFFENDERS – Interim Supervision Order – application – consent – matters to be considered – unacceptable risk of committing a serious offence – Interim Supervision Order issued Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5D, 5H, 5I, 6, 7(4), 9, 10A, 10C(1), 10C(1A), 11, 25 Cases Cited: Lynn v State of NSW (2016) 91 NSWLR 636; [2016] NSWCA 57 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Aaron John Sittczenko (Defendant) Representation: Counsel: K Curry (Plaintiff) L A Fernandez (Defendant)