State of New South Wales v Cohen (Preliminary) [2023] NSWSC 132

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cohen (Preliminary) [2023] NSWSC 132 Hearing dates: 14 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (hereinafter "the Act"): (a) Appointing two qualified psychiatrists or psychologists to conduct separate examinations of the defendant and to furnish reports to the Court on the results of such examination by a date to be fixed; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 10A and 10C(1) of the Act that the defendant be subject to an Interim Supervision Order (hereinafter "ISO") commencing 23 February 2023 for a period of 28 days. (3) An order pursuant to s 11 of the Act, directing that the defendant, for the period of the ISO, comply with the Conditions set out in the Schedule to these Orders. (4) Access to the Supreme Court file is restricted in respect of this proceeding so that access will only be permitted to a non-party with the leave of a Judge of the Court, and only after the parties hereto have had notice of the non-party's application for access and have been afforded an opportunity to be heard with respect to the application to access. (5) The matter be listed before Yehia J for Directions at 9:15 AM on 9 March 2023, or such other time as fixed by the Court. Catchwords: HIGH RISK OFFENDERS – Interim Supervision Order – assumption that allegations with some support will be proved – discussion of conditions – ISO imposed Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 59(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14(1) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5D, 5I, 6, 6(3), 7(4), 9, 9(3), 9(3)(e2), 9(3)(h1), 10A, 10C(1), 11 Criminal Procedure Act 1986 (NSW), s166 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Matthew Cohen (Defendant) Representation: Counsel: K Curry (Plaintiff) D Bhutani (Defendant)