State of New South Wales v Andrew Cole [2024] NSWSC 996

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Andrew Cole [2024] NSWSC 996 Hearing dates: 19, 29 July 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (hereinafter "the Act"): (a) Appointing two qualified psychiatrists or psychologists to conduct separate examinations of the defendant and to furnish reports to the Court on the results of such examination by a date to be fixed; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 10A and 10C(1) of the Act that the defendant be subject to an Interim Supervision Order (hereinafter "ISO") commencing 30 July 2024 for a period of 28 days. (3) An order pursuant to s 11 of the Act, directing that the defendant, for the period of the ISO, comply with the Conditions set out in the Schedule to these Orders. (4) Access to the Supreme Court file is restricted in respect of this proceeding so that access will only be permitted to a non-party with the leave of a Judge of the Court, and only after the parties hereto have had notice of the non-party's application for access and have been afforded an opportunity to be heard with respect to the application to access. Catchwords: HIGH RISK OFFENDER – application for Extended Supervision Order – forensic patient – Interim Supervision Order – unacceptable risk Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4A, 5, 5B, 5D, 6, 10A, 10C, 11 Mental Health Cognitive Impairment and Forensic Provisions Act 2020 (NSW), s 75 Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Cole (formerly known as Robert Cole) (Defendant) Representation: Counsel: D New (Plaintiff) C Goodhand (Defendant) Solicitors: Crown Solicitor for NSW (Plaintiff) Legal Aid (Defendant) File Number(s): 2024/153059 Publication restriction: None.