State of New South Wales v Presta (Preliminary) [2021] NSWSC 1044

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Presta (Preliminary) [2021] NSWSC 1044 Hearing dates: 18 August 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) I appoint two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct two 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; (b) I direct the defendant to attend those examinations. (2) Pursuant to sections 10A and 10C of the Act, the defendant be subject to an interim supervision order for a period of 28 days. (3) Pursuant to section 11 of the Act, the defendant, for the period of the interim supervision order, comply with the conditions set out in the schedule to this judgment. (4) 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 – Application – Test for imposition – Where offender has been subject to a five-year extended supervision order Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Presta (No 2) [2016] NSWSC 1154 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) Bruno Presta (Defendant) Representation: Counsel: L Fernandez (Plaintiff) M Johnston SC with S Howell (Defendant)