State of New South Wales v Galvin (Preliminary) [2024] NSWSC 1460

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Galvin (Preliminary) [2024] NSWSC 1460 Hearing dates: 8 November 2024 Date of orders: 8 November 2024 Decision date: 09 November 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) appointing two qualified psychiatrists or two registered psychologists (or a combination of such person) to conduct separate psychiatric and/or psychological examination of the defendant and to furnish reports to the Supreme Court on the results of those examinations on a date to be fixed by the court; and (b) directing the defendant to attend those examinations. (2) Order: (a) (a) pursuant to s 10A of the Act that the defendant be subject to an interim supervision order from 4 December 2024 (the interim supervision order); (b) pursuant to s 10D(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 these reasons. (3) 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 OFFENDERS – extended supervision order – preliminary hearing – interim orders sought – appointment of psychiatrists or psychologists – risk assessment – supporting documentation, if proved, justify the making of an order – discretion – conditions – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney General for New South Wales v Tillman [2007 NSWCA 119 State of New South Wales v Donovan [2015] NSWCA 280 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Stephen Galvin (Defendant) Representation: Counsel: R Rodger (Plaintiff) J Wilcox (Defendant)