State of New South Wales v DJM (Preliminary) [2023] NSWSC 40

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v DJM (Preliminary) [2023] NSWSC 40 Hearing dates: 1 February 2023 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the CHRO Act), two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales on a date, as agreed between the parties. (2) The defendant is directed to attend the examinations in order (1). (3) Pursuant to ss 10A and 10C(1) of the CHRO Act, the defendant is made the subject of an interim supervision order commencing immediately after the expiration of the defendant's sentence on 7 February 2023, for a period of 28 days. (4) Pursuant to s 11 of the CHRO Act, the defendant is directed to comply with the conditions set out in the schedule to these orders for the duration of the interim supervision order. (5) The parties have liberty to apply, if the parties are unable to reach agreement for the purposes of order (1). Catchwords: HIGH RISK OFFENDERS –supervision and other orders under the Crimes (High Risk Offenders) Act 2006 (NSW) – application for interim supervision order and examination orders – whether, assuming matters alleged in supporting material proved, unacceptable risk of committing a serious offence if not supervised – conditions to be imposed as part of the interim supervision order Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: DJM v R [2013] NSWCCA 101 State of New South Wales v Shields (Preliminary) [2022] NSWSC 469 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DJM (Defendant) Representation: Counsel: K Curry (Plaintiff) D Bhutani (Defendant)