State of New South Wales v Doherty (Preliminary) [2022] NSWSC 82

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Doherty (Preliminary) [2022] NSWSC 82 Hearing dates: 14 December 2021 Date of orders: 9 February 2022 Decision date: 09 February 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to ss 10A and 10C of the Crimes (High Risk Offenders) Act 2006 (NSW), I order that the defendant be subject to an interim supervision order for a period of 28 days commencing on the expiry of the defendant's current extended supervision order. (2) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) I appoint 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) I direct the defendant to attend those examinations. (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), I direct the defendant to comply with the conditions set out in the Schedule to these orders for the period of the supervision order referred to in Order 1 above. (4) Access to the court file in respect of any document in this proceeding shall not be granted to a non-party without the leave of a judge of the Court. 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 – Preliminary hearing – application for interim supervision order – violent sexual offending – criminogenic needs "largely unchanged" – risk factors of substance abuse and impulsivity – numerous breaches of parole and previous supervision orders – limited time spent in community – consideration of statutory criteria – application granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5I, 6, 7, 9, 10, 10A, 10C, 11 Public Health Act 2010 (NSW), s 10 Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Doherty v R [2006] NSWCCA 133 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Doherty (Final) [2019] NSWSC 920 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v McQuilton (Final) [2019] NSWSC 265 State of New South Wales v Sharpe [2017] NSWSC 469 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 Wilde v State of New South Wales [2015] NSWCA 28; 249 A Crim R 65 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Stuart Doherty (Defendant) Representation: Counsel: R McEwen (Plaintiff) A Hughes (Defendant)