State of New South Wales v Calhoun (a pseudonym) (Preliminary) [2024] NSWSC 1311

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Calhoun (a pseudonym) (Preliminary) [2024] NSWSC 1311 Hearing dates: 17 October 2024 Date of orders: 21 October 2024 Decision date: 21 October 2024 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) I appoint two qualified psychiatrists or two registered psychologists (or a combination of such persons) to conduct separate 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) I direct the defendant attend those examinations. (2) Pursuant to s 10A of the Act, the defendant be subject to an Interim Supervision Order commencing on 22 October 2024. (3) Pursuant to s 10C(1) of the Act, the Interim Supervision Order is to be for a period of 28 days. (4) 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. (5) I 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. Catchwords: HIGH RISK OFFENDER – Preliminary hearing – application for Interim Supervision Order pursuant to s 10B of the Act – whether the index offence is a "serious violence offence" as defined in s 5A(1)(b) – appropriate conditions – striking a balance between supervision of the defendant and his personal liberty – interim supervision order is granted – variation of the proposed conditions Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8(1)(a) Crimes Act 1900 (NSW), ss 29, 33A, 33(1)(b), 86(3), 98 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 4A, 5A, 5A(1),5A(2), 5A(2A), 5A(1)(a), 5A(1)(b), 5B, 5B(d), 5I(2), 7(4), 9 ,10A, 10C(1), 11 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2019] NSWCA 300 State of New South Wales v Dennis [2024] NSWSC 388 State of New South Wales v Dillon (Final) [2018] NSWSC 1626 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Holschier (No 3) [2019] NSWSC 341 State of New South Wales v HT (Preliminary) [2023] NSWSC 249 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v McGorm (Final) [2019] NSWSC 484 State of New South Wales v Naaman (No 2) (2018) 276 A Crim R 30; [2018] NSWCA 328 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Reed (Preliminary) [2011] NSWSC 625 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of New South Wales v Windle (No 6) (Final) [2020] NSWSC 753 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Calhoun (a pseudonym) (Defendant) Representation: Counsel: J Emmett SC (Plaintiff) Calhoun (a pseudonym) (Self-represented)