State of New South Wales v Shields (Preliminary) [2022] NSWSC 469

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Shields (Preliminary) [2022] NSWSC 469 Hearing dates: 8 April 2022 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the CHRO Act), two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales on a date, as agreed between the parties. (2) The defendant is directed to attend the examinations in order (1). (3) Pursuant to ss 10A and 10C(1) of the CHRO Act, the defendant is made the subject of an interim supervision order commencing immediately after midnight on 24 April 2022, for a period of 28 days. (4) Pursuant to s 11 of the CHRO Act, the defendant is directed to comply with the conditions set out in the schedule to these orders for the period of the interim supervision order. (5) Liberty to restore on 3 days' notice, if the parties are unable to reach agreement for the purposes of order (1). Catchwords: HIGH RISK OFFENDERS –supervision and other orders under the Crimes (High Risk Offenders) Act 2006 (NSW) – application for interim supervision order and examination orders – whether, assuming matters alleged in supporting material proved, unacceptable risk of committing a serious offence if not supervised – conditions to be imposed as part of the interim supervision order Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW), s 17 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5B, 5I, 7, 9, 10A, 11 Criminal Code (Cth), ss 474.19, 474.27, 474.27A Law Enforcement (Powers and Responsibilities) Act 1997 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Thomas John Shields (Defendant) Representation: Counsel: Michael Dalla-Pozza (Plaintiff) Paul Crean (Defendant) Solicitors: Crown Solicitor of New South Wales (Plaintiff) Legal Aid Commission of New South Wales (Defendant) File Number(s): 2022/055709