State of New South Wales v Thomas (Preliminary) [2022] NSWSC 917

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Thomas (Preliminary) [2022] NSWSC 917 Hearing dates: 17 June 2022 Date of orders: 8 July 2022 Decision date: 08 July 2022 Jurisdiction: Common Law Before: Rothman J Decision: 1) Pursuant to ss 10A and 10(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the defendant shall be subject to an Interim Supervision Order commencing on 9 July 2022 ("the Interim Supervision Order") for a period of 28 days from that date; 2) Pursuant to s 11 of the Act, the defendant is directed, for the period of the Interim Supervision Order, to comply with the conditions set out in the Annexure to this Order; 3) Two qualified psychiatrists or two registered psychologists, or a combination of one of each, shall be agreed between the parties to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Court on the results of those examinations by 9 September 2022; 4) The defendant shall attend any examination arranged in relation to each such psychiatrist or psychologist; 5) Access to the Supreme Court file in this matter is restricted in respect of this proceeding so that access will only be permitted to a non-party with the leave of a judge of the Court and only after the parties have received notice of the non-party's application for access and each has been afforded an opportunity to be heard with respect to the application for access. Catchwords: HIGH RISK OFFENDERS – Interim Supervision Order (ISO) – dispute confined to conditions – unacceptable risk – ISO issued Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 135 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5D, 6, 9, 10, 10A, 11 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Christopher Thomas (Defendant) Representation: Counsel: L Gallagher (Plaintiff) A Cook (Defendant)