State of New South Wales v Costigan (Preliminary) [2021] NSWSC 1386

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Costigan (Preliminary) [2021] NSWSC 1386 Hearing dates: 15 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (''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 those examinations by a date to be fixed; (b) Directing the defendant to attend those examinations. (2) Pursuant to ss 10A and 10C of the Act, the defendant be subject to an interim supervision order for a period of 28 days. (3) Pursuant to s 11 of the Act, direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule. (4) 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 access. Catchwords: HIGH RISK OFFENDERS — extended supervision orders — preliminary hearing — appointment of psychiatrists or psychologists — protracted criminal history — history of non-compliance with orders and therapeutic regimes — index offences of recklessly inflicting grievous bodily harm and take and drive conveyance without consent — grievous bodily harm offence committed by co-offender — order made — resolution of conditions Legislation Cited: Crimes Act 1900 (NSW), ss 35, 59, 154, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5B, 5I, 6, 7, 9, 10A Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney-General for the State of New South Wales v Hayter [2017] NSWSC 983 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Costigan (Defendant) Representation: Counsel: K Curry (Plaintiff) T Edwards (Defendant)