State of New South Wales v Fernando [2023] NSWSC 381

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Fernando [2023] NSWSC 381 Hearing dates: 14 April 2023 (10:05) Date of orders: 14 April 2023 (10:25) Decision date: 14 April 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) Appointing either two qualified psychiatrists or two registered psychologists, or a combination of one of each, 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) Directing the defendant to attend those examinations. (2) 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 of access. Catchwords: CIVIL LAW – high risk offender – preliminary hearing – appointment of experts – where defendant subject to existing extended supervision order and two intensive correction orders – no application for interim supervision order – statutory requirements to make orders – history of serious sexual offending – recent risk assessment – no question of principle Legislation Cited: Crimes (High Risk) Offenders Act 2006 (NSW), ss 3, 5, 5B, 5I, 6, 7, 9, 12 Cases Cited: State of New South Wales v Fernando [2016] NSWSC 1665 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kevin Todd Fernando (Defendant) Representation: Counsel: Ms C Brain (Plaintiff) Mr D Carroll (Defendant)