State of New South Wales v G (Preliminary) [2022] NSWSC 1617

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v G (Preliminary) [2022] NSWSC 1617 Hearing dates: 24 November 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) the Court orders: (a) Two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) are appointed 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) The defendant is directed to attend those examinations. (2) Pursuant to ss 18A and 18C Crimes (High Risk Offenders) Act the defendant is subject to an interim detention order for a period of 28 days from 18 December 2022. (3) Pursuant to s 20(1) Crimes (High Risk Offenders) Act the Court issues a warrant for the committal of the defendant to a correctional centre for the duration of the interim order referred to in paragraph 2 above. Catchwords: HIGH RISK OFFENDERS — Application for continuing detention and extended supervision orders and appointment of psychiatrists or psychologists — Crimes (High Risk Offenders) Act 2006 (NSW), s 15 — Preliminary hearing — Where defendant may be extradited to Queensland and detained in custody — Where no extradition application has been made — Whether threshold of "a high degree of probability" that an unacceptable risk of committing another serious offence if not kept in custody exists — Whether Court's discretion not to make order should be exercised given the likely extradition — Court's paramount consideration the safety of the community — Orders made Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), ss 35, 61J, 61KE, 61M, 66A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4A, 5, 5B, 5C, 7, 13B, 14, 15, 17, 18A, 18C, 20 Crimes (Serious Sex Offenders) Act 2006 (NSW), ss 8, 16 Dangerous Prisoners (Sex Offenders) Act 2003 (Qld), ss 22, 24 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for NSW [2007] NSWCA 374 State of New South Wales v Davis (Preliminary) [2020] NSWSC 754 State of New South Wales v Delaporte [2014] NSWSC 1395 State of New South Wales v Stewart (No 2) [2016] NSWSC 981 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Vincent (Preliminary) [2020] NSWSC 1269 State of NSW v Clarke [2019] NSWSC 411 State of NSW v Lynn (2016) 91 NSWLR 636; [2016] NSWCA 57 State of NSW v Mathers [2019] NSWSC 7 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Mr G (Defendant) Representation: Counsel: Mr P Aitkin (Plaintiff) Mr P Coady (Defendant) Mr A Bhasin (Defendant)