State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 2

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 2 Hearing dates: 7 December 2022 Decision date: 13 January 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Order pursuant to ss 10A and 10C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") that the defendant be subject to an interim supervision order commencing on 14 January 2023 for a period of 28 days ("the interim supervision order"). (2) Order pursuant to s 11 of the Act that the defendant is for the period of the interim supervision order to comply with the conditions set out in the Schedule to these orders. (3) Order pursuant to s 7(4) of the Act: a) That two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) be 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) That the defendant attend those examinations. (4) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, 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. (5) The matter is listed for directions on 2 February 2023. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order – no controversy regarding imposition of order – dispute limited to conditions imposed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW), s 3A Crimes Act 1900 (NSW), ss 61D, 61I, 61J Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5, 5B, 5D, 7, 9 Crimes (Serious Sex Offenders) Act 2006 (NSW), s 12 Criminal Code (Cth), s 474.22 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 55 Summary Offences Act 1988 (NSW), s 5 Cases Cited: Attorney General for the State of New South Wales v Cornwall [2007] NSWSC 1082 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 The State of New South Wales v Cornwall [2015] NSWSC 742 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Raymond Barry Cornwall (Defendant) Representation: Counsel: R A McEwen (Plaintiff) B Kennedy (sol) (Defendant)