State of New South Wales v DK (Preliminary) [2022] NSWSC 993

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v DK (Preliminary) [2022] NSWSC 993 Hearing dates: 21 July 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ('the Act'): (a) Appointing 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) Directing the defendant to attend those examinations. (2) An order pursuant to s 10A of the Act that the defendant be subject to an interim supervision order commencing on 31 July 2022 ('the interim supervision order') for a period of 28 days from that date. (3) An order pursuant to s 11 of the Act directing the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule attached to the Summons filed 6 June 2022. Catchwords: HIGH RISK OFFENDERS — Interim supervision orders — Application – serious sexual offending – where defendant already subject to ESO – imposition of scheduling conditions – application granted Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 15A, 31 Crimes Act 1900 (NSW), ss 61M, 61O, 66A, 66C Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4A, 5, 5A, 5B, 5D, 5H, 5I, 6, 7, 9, 10A, 10C, 11, 12, 17 Criminal Procedure Act 1986 (NSW), s 166 NSW Trustee and Guardian Act 2009 (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 Kamm v State of NSW (No 4) (2017) 95 NSWLR 179; [2017] NSWCA 189 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of NSW v Devaney (Preliminary) [2021] NSWSC 1432 State of NSW v DK [2018] NSWSC 53 State of NSW v Donovan [2015] NSWCA 280 State of NSW v Golding (Preliminary) [2018] NSWSC 1041 State of NSW v Kaiser [2022] NSWCA 86 State of NSW v Shields (Preliminary) [2022] NSWSC 469 State of NSW v Sturgeon [2019] NSWSC 559 State of NSW v Wilkinson (Preliminary) [2020] NSWSC 1813 Tannous v State of NSW (2020) 103 NSWLR 183; [2020] NSWCA 261 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DK (Defendant) Representation: Counsel: J Caldwell (Plaintiff) A Hughes (Defendant)