State of New South Wales v BG (Preliminary) [2022] NSWSC 1065

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v BG (Preliminary) [2022] NSWSC 1065 Hearing dates: 3 August 2022 Date of orders: 10 August 2022 Decision date: 09 August 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 by the Court; and (b) Directing the defendant to attend those examinations. (2) An order: (a) Pursuant to ss 10A and 10C of the Act that the defendant be subject to an interim supervision order for a period of 28 days from 12 August 2022; and (b) Pursuant to s 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions as set out in the Schedule to the Summons filed 25 February 2022 subject to the amendments and deletions as outlined in these reasons. (3) I direct that the State prepare, and file with the Court by 10 am on 10 August 2022, a Schedule of the conditions to the ESO in line with the judgment of the Court. Catchwords: HIGH RISK OFFENDERS — Interim detention orders — Application — serious sexual offending — whether risk mitigated by imposition of interim supervision order — where interim supervision order made Legislation Cited: Crimes Act 1900 (NSW), ss, 61J, 61M, 66A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 4A, 5, 5B, 5C, 5D, 5H, 5I, 6, 7, 9, 10A, 10C, 11, 12, 13A, 13B, 14, 15, 17, 18A, 18C Crimes (Sentencing Procedure) Act 1999 (NSW), s 12 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 Barrie (Preliminary) [2019] NSWSC 856 State of New South Wales v Bugmy (preliminary hearing) [2016] NSWSC 1128 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Davis (Preliminary) [2021] NSWSC 53 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 Ibrahim (Final) [2021] NSWSC 793 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 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 Wilde v State of New South Wales [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) BG (Defendant) Representation: Counsel: D New (Plaintiff) N Broadbent / A Richards (Defendant)