State of New South Wales v Hollaway [2024] NSWSC 1509

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hollaway [2024] NSWSC 1509 Hearing dates: 15 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 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 psychologists (or any 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 that the defendant attend those examinations. (2) Pursuant to s 10A of the Act, the defendant be subject to an Interim Supervision Order commencing upon the expiration of the defendant's current Extended Supervision Order. (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 – application for interim supervision order – whether the offender poses an unacceptable risk of committing another serious offence – appropriate conditions – striking a balance between conditions that ensure the safety and protection of the community without being onerous or unnecessarily intrusive – conditions imposed largely similar in effect to those agreed to by the defendant Legislation Cited: Crimes Act 1900 (NSW), s 23A Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 4A, 5A, 5B, 7(3), 7(4), 7(5), 9(1)(a), 9(2), 9(3), 9(3), 10A, 10C(1), 11 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v The 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 Donovan [2015] NSWSC 1254 State of New South Wales v Tina Lee (a pseudonym) (Preliminary) [2023] NSWSC 693 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 State of NSW v Tozer [2017] NSWSC 109 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Karyna Hollaway (Defendant) Representation: Counsel: R A McEwen (Plaintiff) J Wilcox (Defendant)