State of New South Wales v HT (Preliminary) [2023] NSWSC 249

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v HT (Preliminary) [2023] NSWSC 249 Hearing dates: 21 February 2023 Date of orders: 9 March 2023 Decision date: 21 March 2023 Jurisdiction: Common Law Before: Walton J Decision: 1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006: (a) appointing two qualified psychiatrists, psychologists (or any combination of such persons) to conduct separate 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) Pursuant to ss 10A and 10C of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to an interim supervision order for a period of 28 days, operating from the expiration of the defendant's parole on 12 March 2023. (3) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006, directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in Schedule A to this Short Minutes of Order, noting that the Court rejected the contention by the defendant that the conditions would be the present conditions of parole. Catchwords: HIGH RISK OFFENDER – Crimes (High Risk Offenders) Act 2006 (NSW) – preliminary hearing – s 5B(d) – criminal history and pattern of offending – single serious sex offence – psychiatric reports – auditory hallucinations – disputed conditions Legislation Cited: Child Protection (Offenders Registration) Act 2000 NSW Crimes Act 1900 (NSW), ss 61M, 112 Crimes (Administration of Sentences) Regulation 2014 Crimes (High Risk Offenders) Act 2006, ss 5, 5B, 5I 7, 9, 10A, 10C, 11 Terrorism (High Risk Offenders) Act 2017 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Darrego [2011] NSWSC 360 New South Wales v Naaman (No 2) (2018) 365 ALR 179; [2018] NSWCA 328 State of New South Wales v Boney (Final Hearing) [2020] NSWSC 1375 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Heness (Preliminary) [2019] NSWSC 1710 State of New South Wales v Hyde (Preliminary) [2022] NSWSC 540 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Lee [2017] NSWSC 1766 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilde [2014] NSWSC 305 State of NSW v CD (Preliminary) [2021] NSWSC 1396 State of NSW v Kaiser [2022] NSWCA 86 State of NSW v McGorm (Final) [2019] NSWSC 484 State of NSW v PS (Preliminary) [2022] NSWSC 1740 State of NSW v Wilkinson (Preliminary) [2020] NSWSC 1813 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) HT (Defendant) Representation: Counsel: P Aitken (Plaintiff) G Marsden (Defendant)