State of New South Wales v O’Sullivan (Preliminary) [2022] NSWSC 129

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v O'Sullivan (Preliminary) [2022] NSWSC 129 Hearing dates: 15 February 2022 Date of orders: 15 February 2022 Decision date: 17 February 2022 Jurisdiction: Common Law Before: Lonergan J Decision: 1(a) Two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) as agreed by the parties are to conduct separate psychiatric or psychological examinations of the defendant and are to furnish reports to the Supreme Court on the results of those examinations by a date to be agreed by the parties. 1(b) The defendant is directed to attend those examinations. 2(a) The defendant is to be the subject of an ISO from midnight 17 February 2022. 2(b) The ISO is to be for a period of 28 days. 2(c) The defendant is to comply with the conditions set out in the Schedule to this judgment for the period of the ISO. 3(a) The defendant be subject to an ESO for a period of 3 years from the date of the order. 3(b) The defendant, for the period of the ESO, comply with the conditions set out in the Schedule to this judgment. 4. Access to the 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 OFFENDER - statutory thresholds conceded – history of sexual abuse of young children as well as creating and accessing child abuse material – two conditions of the ISO contested: electronic monitoring and monitoring bank and financial records – conditions are appropriate to ensure safety of the community and in particular, relevantly, the safety of young children Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Winters [2007] NSWSC 611 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v BG (Final) [2019] NSWSC 200 State of New South Wales v Lynn [2013] NSWSC 114 State of New South Wales v Sturgeon (No. 2) [2019] NSWSC 883 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Michael O'Sullivan (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) R Baldeo (Defendant)