State of New South Wales v Cannon [2022] NSWSC 1622

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cannon [2022] NSWSC 1622 Hearing dates: 25 November 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Common Law Before: Walton 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 pursuant to sections 10A and 10C of the Act, that the defendant be subject to an interim supervision order for a period of 28 days from 25 November 2022. (3) An order 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 of Conditions annexed to these minutes of order. (4) A order pursuant to ss 7 and 8(1)(c) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) prohibiting the publication of the name of the current suburb where the defendant resides. (5) The order at paragraph 4 shall apply: (a) to all media including, but not limited to, print, radio, television, internet and social media; (b) throughout the Commonwealth; (c) until 24 March 2023 unless rescinded or amended earlier by order of the Court. (6) Parties have liberty to approach the HRO List Judge to list for further directions. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for Interim Supervision Order and for examination by court-appointed psychiatrists or psychologists – whether matters alleged in the supporting documentation would, if proved, justify the making of Extended Supervision Order – contention about conditions – schedule of movements – information relating to defendant's financial affairs – disclosure of criminal history – access to the internet and other electronic communications – health care and treatment – Interim Supervision Order made with Schedule of Conditions Legislation Cited: Crimes Act 1900 (NSW), ss 61C, 61D Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5I, 7, 9, 10A, 10C, 11 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kenneth Cannon (Applicant) Representation: Counsel: C McGorey (Plaintiff) J Wilcox (Defendant)