State of New South Wales v Tina Lee (a pseudonym) (Preliminary) [2023] NSWSC 693

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Tina Lee (a pseudonym) (Preliminary) [2023] NSWSC 693 Hearing dates: 15 June 2023 Date of orders: 15 June 2023 Decision date: 15 June 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) I appoint two qualified psychiatrists and/or registered psychologists or any combination of two such persons to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the result of those examinations by a date to be fixed. (b) I direct the defendant to attend those examinations. (2) Pursuant to ss 10A and 10C of the Act, the defendant be subject to an Interim Supervision Order for a period of 28 days from 14 July 2023. (3) Pursuant to s 11 of the Act, I direct that the defendant, for the period of the Interim Supervision Order, comply with the conditions as set out in these reasons which will be included in a schedule which will be attached to the written form of these reasons. (4) 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. (5) I direct the parties to provide to my Associate by 10am tomorrow, 16 June 2023, a schedule of conditions reflecting these reasons which will be annexed to the written form of these reasons. Catchwords: HIGH RISK OFFENDER – application for interim supervision orders – serious violence offence – interim supervision orders granted – conditions imposed largely similar in effect to those provided by the parole order Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 105 Children (Criminal Proceedings) Act 1987 (NSW) s 15A Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7, 8(1)(a) Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5A, 5B, 5D, 5I, 6, 7, 9, 10A, 11 Cases Cited: Attorney-General for New South Wales v Tillman [2007] NSWCA 119 Children (Criminal Proceedings) Act 1987 (NSW) State of New South Wales v Bou-Antoun (Preliminary) [2022] NSWSC 513 State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Ryan [2023] NSWSC 236 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Tina Lee (a pseudonym) (Defendant) Representation: Counsel: I Fraser (Plaintiff) A Cook (Defendant)