State of New South Wales v Nikua (Preliminary) [2021] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Nikua (Preliminary) [2021] NSWSC 781 Hearing dates: 21 June 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) Pursuant to s 7(4) of the Act: (a) I appoint two qualified psychiatrists, psychologists (or combination of such persons) 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; and (b) I direct the defendant to attend those examinations. (2) Pursuant to s 10A of the Act, the defendant be subject to an interim supervision order from 11 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, I direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this judgment. (5) I 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 for access. Catchwords: HIGH RISK OFFENDERS – Interim supervision orders – Conditions – High risk violent offender – Conditions imposed must be relevant to risk posed by the offender Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Ali [2010] NSWSC 1045 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Hardy [2021] NSWSC 323 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Solomone Nikua (Defendant) Representation: Counsel: P Aitken (Plaintiff) D Carroll (Defendant)