State of New South Wales v Bou-Antoun (Preliminary) [2022] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bou-Antoun (Preliminary) [2022] NSWSC 513 Hearing dates: 14 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (''the Act''), the Court: (a) appoints two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed; (b) directs the defendant to attend those examinations. (2) Pursuant to ss 10A and 10C of the Act, the defendant be subject to an interim supervision order for a period of 28 days commencing 2 May 2022. (3) Pursuant to s 11 of the Act, direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule annexed to this judgment. Catchwords: HIGH RISK OFFENDERS – extended supervision order – preliminary hearing – appointment of psychiatrists or psychologists – aggravated sexual assault – solicit murder – entirety of adult life in custody – sexual preoccupation – diagnosed with mental illness in custody – relevance of unproven charges in assessing risk – high risk of committing further serious offence – interim orders not opposed – certain conditions opposed – interim supervision order made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5 Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 4A, 5, 5B, 5D, 5I, 6, 7, 9, 10A, 10C, 11 Crimes Act 1900 (NSW), ss 26, 61J Mental Health Act 2007 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Bou-Antoun v R [2013] NSWCCA 305 Garrett v The Queen (1977) 139 CLR 437; [1977] HCA 67 R v Carroll (2002) 213 CLR 635; [2002] HCA 55 State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v John Owen Conway [2011] NSWSC 976 State of New South Wales v Nikua (Final) [2021] NSWSC 1240 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of New South Wales v Mills (No 2) [2017] NSWSC 1442 State of NSW v Thomas [2010] NSWSC 677 Winters v Attorney General of New South Wales (2008) 182 A Crim R 107; [2008] NSWCA 33 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kevin Bou-Antoun (Defendant) Representation: Counsel: R Rodger (Plaintiff) K Stares (Defendant)