State of New South Wales v Wiggins (a pseudonym) (Preliminary) [2023] NSWSC 1553

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wiggins (a pseudonym) (Preliminary) [2023] NSWSC 1553 Hearing dates: 11 December 2023 Decision date: 15 December 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Two qualified psychiatrists and or registered psychologists (or any combination of two such persons) as agreed by the parties are to conduct separate psychiatric and/or psychological examinations of the defendant and are to furnish reports to the Court on the results of those examinations by a date agreed by the parties. (2) The defendant is directed to attend those examinations referred to in Order (1). (3) The defendant is to be subject to an interim supervision order commencing on 24 February 2024 for a period of 28 days unless renewed on further application by the plaintiff for another period of 28 days or the proceedings are finally determined. (4) The defendant is directed to comply with the conditions annexed to this judgment for the period of the interim supervision order. (5) Access to the Court's file or any document shall not be granted to a non-party without leave of a judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDER – Preliminary hearing – Serious sex offender – Application for interim supervision order – Whether supporting material would if proved justify the making of an extended supervision order Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5, 5B, 5D, 6, 7, 9, 10A, 10C, 11, Crimes (Sentencing Procedure) Act 1999 (NSW), s 89 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Brooks (Final) (No 2) [2023] NSWSC 1369 State of NSW v Wiggins (a pseudonym) (Final) [2022] NSWSC 67 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Wiggins, a pseudonym (Defendant) Representation: Counsel: Mr K Ng (Plaintiff) Mr J Wilcox (Defendant)