State of NSW v DAA (Preliminary) [2023] NSWSC 832

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v DAA (Preliminary) [2023] NSWSC 832 Hearing dates: 29 May 2023 and 6 July 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 7(4) Crimes (High Risk Offenders) Act 2006 (NSW) order that: (a) a qualified psychiatrist and a registered psychologist be appointed to conduct separate psychiatric and psychological examinations (as the case may be) of the defendant and furnish reports to the Supreme Court on the results of those examinations within 3 weeks of the date fixed for examination; (b) the defendant is directed to attend those examinations. (2) Under s 10A of the said Act, the defendant is subject to an interim supervision order commencing at the expiration of his current parole on 18 July 2023 for a period of 28 days. (3) Under s 11 of the said Act, the defendant is to comply with the conditions specified in this judgment for the duration of the order. (4) The parties are to bring in an amended Schedule conforming with the conditions imposed by these reasons by midday 17 July 2023. (5) Access to the Court's file in this proceeding may be permitted to a non-party only with the leave of a judge of the Court and after prior notice to the parties so as to allow them an opportunity to be heard prior to access being granted. Catchwords: HIGH RISK OFFENDERS — preliminary supervision — interim supervision orders — index offence committed as a minor — murder of another minor — no other offending — consideration of statutory test and nature of preliminary application — defendant's recalcitrance regarding his child protection obligations — offender potentially has not accepted responsibility for the index offence — consideration of appropriate ISO conditions Legislation Cited: Children (Criminal Proceedings) Act 1987, s 15A Child Protection (Offenders Registration) Act 2000 (NSW), s 17 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5I, 6, 7, 9, 10A, 10C Cases Cited: DL v R [2018] NSWCCA 302 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 DL v The Queen [2017] NSWCCA 57 DL v The Queen (No 2) [2017] NSWCCA 58 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v DL [2008] NSWSC 1199 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales (Plaintiff) DAA (Defendant) Representation: Counsel: R Rodger (29/05/23); P Aitken (06/07/23) (Plaintiff) J Brock (29/05/23); C Akthar (06/07/23) (Defendant)