State of New South Wales v Ayoub (Preliminary) [2023] NSWSC 479

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ayoub (Preliminary) [2023] NSWSC 479 Hearing dates: 05 May 2023 Date of orders: 05 May 2023 Decision date: 05 May 2023 Jurisdiction: Common Law Before: McNaughton J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) Appointing two qualified psychiatrist or psychologists (or any combination of two 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) An order: (a) Pursuant to s 10A of the Crimes (High Risk Offenders) Act that the defendant be subject to an interim supervision order for a period commencing on the expiry date of the defendant's current sentence of imprisonment being 21 May 2023; (b) Pursuant to s 10C(1) of the Crimes (High Risk Offenders) Act that the interim supervision order be for a period of 28 days; and (c) Pursuant to s 11 of the Crimes (High Risk Offenders) Act directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this judgment. (3) An order that access to the Supreme Court's file in respect of any documents 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 – application for Interim Supervision Order – application for mandatory psychiatric and/or psychological examinations – serious sex offence – dispute confined to conditions – application granted Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), Pt 3, Div 10, ss 38, 61KC, 61L, 66C Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 7, 10A, 10C, 11 Cases Cited: State of New South Wales v KW (preliminary) [2023] NSWSC 397 State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Jamil Ayoub (Defendant) Representation: Counsel: L Johnston (Plaintiff) D Bhutani (Defendant)