State of New South Wales v Ryan (Preliminary) [2023] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ryan (Preliminary) [2023] NSWSC 726 Hearing dates: 20 June 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 7(4) Crimes (High Risk Offenders) Act 2006 (NSW): (a) Appoint two qualified psychiatrists, or two registered psychologists (or a combination of both professions) to conduct separate examinations of the defendant and furnish reports to the Supreme Court on the results of those examinations within 3 weeks of the date of the examination; and (b) Direct the defendant to attend the examinations so fixed; (2) Under s 10A of the said Act, the defendant is subject to an Interim Supervision Order for a period of 28 days commencing after the expiration of his sentence of imprisonment on 3 July 2023; (3) Order pursuant to s 11 of the Act directing that the defendant comply with the conditions set out in the schedule to the summons as altered or modified by these reasons for the period of the interim supervision order; (4) Order that access to the Court's file in respect of any document shall not be granted to a non-party without 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 at to allow them the opportunity to be heard in relation to the application for access. (5) List the matter for mention before Campbell J on Friday 30 June 2023 to enable the parties to bring in agreed short minutes of order incorporating the conditions of supervision amended or modified in accordance with these reasons. Catchwords: HIGH RISK OFFENDERS — interim supervision orders — index offence relates to breach of interstate child protection prohibition order taken to be a NSW order by statute — interstate conviction for a serious sex offence — matters if established at the final hearing would justify the making of an extended supervision order — consideration of disputed conditions Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), ss 13 and 19 Child Protection (Offenders Prohibition Orders) Regulation 2018 (NSW), cll 5 and 7 Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), s 66E Crimes Act 1958 (Vic), s 49M Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 5B, 6, 9, 7, 10A, 11 Sex Offenders Registration Act 2004 (Vic), ss 66D and 66E Cases Cited: R v Ryan [2012] SASCFC 136 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) David Ryan (Defendant) Representation: Counsel: H El-Hage (Plaintiff) A Cook (Defendant)