State of New South Wales v FGH (Preliminary) [2022] NSWSC 377

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v FGH (Preliminary) [2022] NSWSC 377 Hearing dates: 18 February 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court: (a) appoints two qualified psychiatrists or a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and/or psychological examinations of the defendant, as the case may be, and to furnish reports to the Court on the results of those examinations by 11 May 2022; and (b) directs the defendant to attend such examinations. (2) Pursuant to ss 18A and 18C(1)(a) of the Crimes (High Risk Offenders) Act, the defendant is subject to an Interim Detention Order for a period of 28 days from midnight between 14 April 2022 and 15 April 2022, concluding 12 May 2022. (3) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act, a warrant shall issue for the committal of the defendant to a Correctional Centre for the duration of the Interim Detention Order. (4) I direct that the State of New South Wales provide a short minute of order of the foregoing, including the names of the qualified psychiatrist and/or qualified psychologist appointed pursuant to the foregoing Order within two weeks of the date of this judgment. Catchwords: HIGH RISK OFFENDERS – Application for only Continuing Detention Order – Jurisdiction to make order even if ESO would sufficiently manage risk – Discretion – Need to take account of capacity of plaintiff to apply for ESO – Satisfaction based on assumption that matters alleged will be proved – matters alleged include that risk or defendant incapable of management in community – IDO issued. Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 10A, 13B, 15, 17, 18A, 18C, 20 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 State of New South Wales v Elomar (No 2) [2018] NSWSC 1034. State of New South Wales v Lynn (Preliminary) [2020] NSWSC 1066 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v Sancar [2016] NSWSC 67 State of NSW v Barrie (Second Final) [2019] NSWSC 1161 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) FGH (a pseudonym) (Defendant) Representation: Counsel: Ms D New (Plaintiff) Ms A Cook (Defendant)