State of New South Wales v Newton [2022] NSWSC 224

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Newton [2022] NSWSC 224 Hearing dates: 7 February 2022 Date of orders: 22 February 2022 Decision date: 07 March 2022 Jurisdiction: Common Law Before: Walton J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act") (a) appointing one qualified psychiatrist and one registered psychologist 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) directing the defendant to attend those examinations. (2) Pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order commencing on 23 February 2022 for a period of 28 days from that date. (3) Pursuant to s 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions as set out in the Schedule to the Summons filed on 14 December 2021 which is attached. Catchwords: CIVIL – Crimes (High Risk Offenders) Act 2006 – preliminary hearing – interim relief – application for appointment of qualified psychiatrists and/or registered psychologists under s 7(4) – application for interim detention order pursuant to ss 18A and 18C – application for interim supervision order pursuant to ss 10A and 10C – principles re preliminary hearings – unacceptable risk – mandatory considerations – orders Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Serious Sex Offenders) Act 2006 (NSW) Criminal Code 1995 (Cth) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 State of New South Wales v Dillon (Final) [2018] NSWSC 1626 State of New South Wales v Elzamtur [2019] NSWSC 186 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Haidar [2020] NSWSC 38 State of New South Wales v Love (Preliminary) [2019] NSWSC 1660 State of New South Wales v Mustapha [2022] NSWSC 87 State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kevin Newton (Defendant) Representation: Counsel: Mr M Dalla‑Pozza (Plaintiff) Ms K Stares (Defendant)