State of New South Wales v O’Hara (Preliminary) [2021] NSWSC 1484

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v O'Hara (Preliminary) [2021] NSWSC 1484 Hearing dates: 9 November 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: Accordingly, I make the following orders: (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 25 November 2021, ("the Interim Supervision Order"). (3) Pursuant to s 10(C)(1) of the Act, the Interim Supervision Order be for a period of twenty eight 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, save that condition 9 will refer to a curfew operating between 10pm and 6am. (5) The parties be granted liberty to apply to me on forty eight hours' notice including for the purposes of obtaining a final hearing date. Catchwords: HIGH RISK OFFENDER – preliminary hearing – no question of principle Legislation Cited: Crimes (Administration of Sentencing) Act 1999 Crimes (High Risk Offenders) Act 2006 Cases Cited: Baldwin v State of New South Wales [2020] NSWCA 112 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Baldwin [2019] NSWSC 1882 State of New South Wales v GJO (Final) [2020] NSWSC 1412 State of New South Wales v McGorm [2019] NSWSC 485 State of New South Wales v Mikua [2021] NSWSC 1240 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Django Womack O'Hara (Defendant) Representation: Counsel: P Aitken; A Richards (Plaintiff) E Kerkyasharian; C Akthar (Defendant)