State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561 Hearing dates: 9 November 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Common Law Before: McNaughton J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (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. (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 10A and 10C of the Crimes (High Risk Offenders) Act 2006 (NSW) that the defendant is to be subject to an interim supervision order for a period of 28 days commencing on 29 November 2022. (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed to comply with the conditions set out in the Schedule annexed to these orders for the period of the interim supervision order referred to in Order 2 above. (4) Access to the court file in respect of any document in this proceeding shall not be granted to a non-party without the leave of a judge of the Court. If any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order and mandatory psychiatric and/or psychological examinations – serious sexual offending – dispute confined to conditions – application granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5B, 5D, 5I, 6, 7, 9, 10A, 10C, 11, 25 Crimes Act 1900 (NSW) ss 61JA, 61M, 98 Cases Cited: Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney-General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Lynn [2013] NSWSC 1147 New South Wales v Thomas (Preliminary) [2011] NSWSC 118 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 Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v Sancar [2016] NSWSC 867 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Winters [2007] NSWSC 611 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Daiman Carl John Nixon (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) J Wilcox (Defendant)