State of New South Wales v Hordern [2024] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hordern [2024] NSWSC 746 Hearing dates: 17 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), Mr Hordern be subject to an Interim Supervision Order commencing on 26 May 2024. (2) Pursuant to ss 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 ss 7(4) of the Act: (a) I appoint two qualified psychiatrists or two registered psychologists, or a combination of one of each, to conduct separate psychiatric and/or psychological examinations of Mr Hordern 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 Mr Hordern to attend those examinations. Catchwords: HIGH RISK OFFENDERS – extended supervision order – interim order – order agreed – conditions agreed – orders made – conditions attached Legislation Cited: Crimes Act 1900 (NSW), s 61M(2) Crimes (High Risk Offenders) Act 2005 (NSW), ss 5, 5B, 5D, 5H, 5I, 9(2), 9(3), 10A Mental Health (Criminal Procedure) Act 1990 (NSW), s 32 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Hordern v R (2019) 278 A Crim R 353; [2019] NSWCCA 138 Lynn v New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Hordern (Supreme Court (NSW), 17 September 2009, unrep) State of New South Wales v Hordern (Supreme Court (NSW), 18 December 2009, unrep) Tillman v Attorney General for New South Wales (2007) 178 A Crim R 133; [2007] NSWCA 327 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Timothy Hordern (Defendant) Representation: Counsel: K. Ng (Plaintiff) S. Climo (Defendant)