State of New South Wales v Brookes (Preliminary) [2022] NSWSC 206

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Brookes (Preliminary) [2022] NSWSC 206 Hearing dates: 28 February 2022 Decision date: 04 March 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) order that two qualified psychiatrists or psychologists (or any combination of such persons) be appointed to conduct separate 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; and (b) direct the defendant to attend those examinations; (2) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an interim supervision order ("the interim supervision order"), commencing on 10 March 2022; (3) Pursuant to s 10C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the interim supervision order is for a period of 28 days; (4) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule attached to this judgment; (5) 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 for access. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5D, 7, 9, 10A, 10C, 11 Cases Cited: State of New South Wales v Lynn [2015] NSWSC 665 State of New South Wales v Hayter (Final) [2020] NSWSC 1581 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Alexandria Brookes (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Mr J Wilcox (Defendant)