State of New South Wales v Burke (Preliminary) [2023] NSWSC 1186

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Burke (Preliminary) [2023] NSWSC 1186 Hearing dates: 03 October 2023 Date of orders: 05 October 2023 Decision date: 05 October 2023 Jurisdiction: Common Law Before: Sweeney J Decision: 1. Pursuant to s 10A of the Act, the defendant be subject to an Interim Supervision Order from 16 October 2023. 2. Pursuant to s 10C(1) of the Act, the Interim Supervision Order is to be for a period of 28 days. 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 set out in the Schedule to this judgment. 4. Pursuant to s 7(4) of the Act: (a) I appoint two qualified psychiatrists and/or two registered psychologists, or one qualified psychiatrist and one registered psychologist, 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 when a date for the final hearing is fixed; and (b) I direct the defendant to attend those examinations. 5. I direct 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 — Extended Supervision Orders — Preliminary hearing Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Lynn v State of New South Wales [2016] NSWCA 57 Wilde v State of New South Wales [2015] NSWCA 28 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Mark Burke (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) J Wilcox (Defendant)