State of New South Wales v Silapa (Preliminary) [2023] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Silapa (Preliminary) [2023] NSWSC 760 Hearing dates: 30 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 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) ("the Act"): (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 Act, that the defendant be subject to an interim supervision order ("the interim supervision order"); (b) Pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and (c) Pursuant to s 11 of the 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 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 OFFENDERS – Application for interim supervision orders – Application for mandatory psychiatric and/or psychological examinations – Long and substantial history of violent offending – Unacceptable risk of committing another serious offence – Dispute confined to conditions – Applications granted Legislation Cited: Crimes Act 1900 (NSW) ss 33, 35, 93C Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5A, 5B, 5D, 5I, 6, 7, 9, 10A, 10C Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Chaplin [2019] NSWSC 471 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Devaney (Final) [2022] NSWSC 60 Tannous v State of New South Wales (2020) 103 NSWLR 183; [2020] NSWCA 261 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Tum Silapa (Defendant) Representation: Counsel: L Johnston (Plaintiff) G Marsden (Defendant)