State of New South Wales v Archer (Preliminary) [2024] NSWSC 1149

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Archer (Preliminary) [2024] NSWSC 1149 Hearing dates: 2 September 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the defendant is to be subject to an interim supervision order. (2) Pursuant to s 10C(1) of the Act, the interim supervision order is to be for a period of 28 days commencing on 22 September 2024 and expiring on 19 October 2024. (3) Pursuant to s 11 of the Act, the defendant is to comply with the conditions set out in the Schedule to these orders for the duration of the order. (4) Pursuant to s 7(4) of the Act: (a) Two qualified psychiatrists or a qualified psychiatrist and a registered psychologist or two registered psychologists are appointed 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; and (b) The defendant is directed to attend those examinations. (5) 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 OFFENDERS – Preliminary Hearing – application for an interim supervision order – sexual offender – risk factors of substance abuse and impulsivity – history of offences committed shortly after release to parole – limited time spent in community – dispute over appropriateness of electronic monitoring condition – consideration of statutory criteria – application granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5D, 5I, 6, 7, 9, 10A, 10C, 11 Crimes Act 1900 (NSW), ss 61M(2), 91H(2) Criminal Code 1995 (Cth), s 474.22(1)(a)(i)(iii) Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Sharpe [2017] NSWSC 469 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Bradley Charles Archer (Defendant) Representation: Counsel: A Richards (Plaintiff) C Akthar (Defendant)