State of New South Wales v Wilmot (Preliminary) [2024] NSWSC 354

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilmot (Preliminary) [2024] NSWSC 354 Hearing dates: 4 April 2024 Date of orders: 4 April 2024 Decision date: 05 April 2024 Jurisdiction: Common Law Before: Wilson J Decision: Interim and interlocutory relief (1) An order pursuant to s. 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) appointing two qualified psychiatrists or registered psychologists (or any combination of 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) directing the defendant to attend those examinations. (2) An order: (a) pursuant to s. 10A of the Act, that the defendant be subject to an interim supervision order from [redacted] upon [redacted] (the interim supervision order); (b) pursuant to s. 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and (c) pursuant to s. 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this Summons.

Ancillary relief (3) An order 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 of access. (4) The parties are to provide an electronic copy of short minutes of order for endorsement by close of business on 5 April 2024. (5) Reasons reserved until 5 April 2024. (6) The matter is listed before the High Risk Offender List Judge for Directions on Thursday, 11 April 2024 at 9:30am Catchwords: HIGH RISK OFFENDERS – high risk sex offender – offender with long history of violent sexual offending - application for interim supervision order – continuing detention order previously imposed on defendant – no opposition to preliminary orders – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Wilmot (Final) [2019] NSWSC 1276 State of New South Wales v Wilmot (Final) [2023] NSWSC 605 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Wayne Wilmot (Defendant) Representation: Counsel: A Mykkeltyedt (Plaintiff) M Johnston SC with D Bhutani (Defendant)