State of New South Wales v O'Hara [2021] NSWSC 1667

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v O'Hara [2021] NSWSC 1667 Hearing dates: 10 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Common Law Before: Wilson J as Duty Judge Decision: The Court makes the following orders: 1. The plaintiff is to provide the Court, by email to the Associate to Wilson J, a word document containing the letters of instruction drafted by it for the Court appointed experts by 2pm today; thereafter 2. The Office of the Crown Solicitor is to issue letters of instruction to the Court appointed experts in the form of the draft letter annexed to these orders; 3. The Notice of Motion is otherwise dismissed. Catchwords: HIGH RISK OFFENDER - experts appointed by the Court to examine defendant and report to Court – dispute by defendant as to terms of letter of request to be sent to experts – use of actuarial risk assessment tools - contention that experts should provide material and information as to statistical and algorithmic information that underpins risk assessment tools – dispute as to questions to be asked of experts – relevance of attitude of defendant to past offending to risk assessment task Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Cases Cited: State of New South Wales v O'Hara (Preliminary) [2021] NSWSC 1484 Category: Procedural rulings Parties: State of NSW (Plaintiff) Django Womack O'Hara (Defendant) Representation: Counsel: P Aitken(Plaintiff) E Kerkyasharian(Defendant)