State of New South Wales v Carr (Preliminary) [2023] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Carr (Preliminary) [2023] NSWSC 1068 Hearing dates: 28 August 2023 Date of orders: 28 August 2023 Decision date: 28 August 2023 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Order pursuant to ss 10A and 10C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") that the defendant be subject to an Interim Supervision Order commencing on 10 September 2023 for a period of 28 days, known as "the Interim Supervision Order". (2) Order pursuant to s 11 of the Act the defendant is, for the period of the Interim Supervision Order, to comply with the conditions set out in the Schedule to this judgment. (3) Order pursuant to s 7(4) of the Act: (a) Appointing two qualified psychiatrists, two 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 results of those examinations by a date to be fixed by the Court; and (b) That the defendant attend those examinations. (4) Where the defendant is required to attend the examinations referred to in Order 3 and where criminal proceedings against the defendant are either still on foot or have been finalised prior to the examination for a period of 28 days or less, the practitioners conducting psychological and/or psychiatric examinations of the defendant are directed to not ask the defendant any questions about or arising from those criminal proceedings. (5) The parties have liberty to relist the matter on two days' notice including, but not limited to circumstances, where: (a) The defendant is granted bail; (b) The defendant is otherwise released from custody; or (c) The defendant is convicted of any further charges but is not sentenced to imprisonment by way of a full-time detention or intensive correction order. (6) In the event that an application for access to the Court's file in these proceedings is made by any non-party, the parties to the proceedings are to be notified prior to any order for access being made and are to be given an opportunity to make submissions as to whether or not such access ought to be granted. Access to the Court's file by any non-party shall only be granted with the leave of a judge of the Court. 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: Crimes (High Risk Offenders) Act 2006 (NSW) ss 4, 5, 5B, 7, 10A, 10C, 11 Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 13 Cases Cited: State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Anthony Richard Carr (Defendant) Representation: Counsel: M Dalla-Pozza (Plaintiff) G Marsden (Defendant)