State of New South Wales v SLD (Preliminary) [2023] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v SLD (Preliminary) [2023] NSWSC 330 Hearing dates: 23 March 2023 Decision date: 05 April 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 17 April 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) Order pursuant to s 19 of the Act that the continuing detention order made by Campbell J on 22 April 2021 is varied to expire on 16 April 2023. (5) Order pursuant to s 13 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that the orders relating to the defendant's pseudonym made pursuant to the short minutes of order filed in Court on 23 March 2023 be revoked, so that the defendant will continue to be identified as SLD. (6) 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. Catchwords: HIGH RISK OFFENDER – Preliminary hearing –Serious violent offender – Application for interim supervision order – No controversy about the making of order – Line of sight condition imposed given significant risk posed by defendant and need for gradual reintroduction into community Legislation Cited: Crimes Act 1900 (NSW), ss 31, 60A, 61M, 90A Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 7, 5C, 5B, 9, 10A, 10C, 11, 15, 17, 18A, 18C, 19, 20 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8, 13 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 R v SLD [2002] NSWSC 758 State of NSW v SLD (Final) [2021] NSWSC 409 State of NSW v SLD (Preliminary) [2020] NSWSC 1803 Category: Principal judgment Parties: State of New South Wales (Plaintiff) SLD (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Mr D Bhutani (Defendant)