State of New South Wales v Farzad (Preliminary) [2023] NSWSC 1207

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Farzad (Preliminary) [2023] NSWSC 1207 Hearing dates: 3 October 2023 Date of orders: 3 October 2023 Decision date: 03 October 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act): (a) I appoint two qualified psychiatrists or psychologists (or any combination of 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) I direct the defendant attend those examinations. (2) Pursuant to s 18A of the Act, the defendant is subject to an interim detention order for a period of 28 days (interim detention) unless renewed on further application by the plaintiff or the proceedings are finally determined. (3) I order pursuant to s 20(1) of the Act, that the Court issue a warrant for the committal of the defendant to a correctional centre for the duration of the interim detention order referred to in Order 2 above. (4) 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 OFFENDER – application for interim detention order – serious offence – interim detention orders granted Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Community Protection (Offender Reporting) Act 2006 (Tas) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Attorney-General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Donovan [2015] NSWSC 1254 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Arash Farzad (Defendant) Representation: Counsel: J McGorey (Plaintiff) B Kennedy (Defendant)