State of New South Wales v Harlow (Preliminary) [2021] NSWSC 681

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Harlow (Preliminary) [2021] NSWSC 681 Hearing dates: 8 June 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) 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) 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. The defendant is directed to attend those examinations. (2) Pursuant to s 10A of the Act, the defendant be subject to an Interim Supervision Order from midnight on 17 July 2021 ("the Interim Supervision Order"); (3) Pursuant to s 10C(1) of the Act, the Interim Supervision Order be for a period of 28 days. (4) Pursuant to s 11 of the Act, the defendant, for the period of the Interim Supervision Order, comply with the conditions set out in the Schedule attached to the Summons. (5) The parties be granted liberty to apply to the Duty Judge on 24 hours notice, up to and including 23 July 2021, in relation to any application to vary the wording of the conditions of the Interim Supervision Order. Liberty to apply to Beech-Jones J thereafter. Catchwords: HIGH RISK OFFENDER – preliminary hearing – capacity of defendant to understand conditions – otherwise no question of principle Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes Act Child Protection (Offenders Registration) Act 2000 Child Protection (Offenders Prohibition Orders) Act 2004 Cases Cited: State of New South Wales v Baldwin [2019] NSWSC 1882 State of New South Wales v GJO (Final) [2020] NSWSC 1412 Lynn v State of New South Wales [2016] NSWCA 57 Texts Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Colin Joseph Harlow (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) KH Averre (Defendant)