State of New South Wales v White (a pseudonym) [2024] NSWSC 1600

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v White (a pseudonym) [2024] NSWSC 1600 Hearing dates: 5 December 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) An order pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) Appointing two qualified psychiatrists or 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) Directing the defendant to attend those examinations. (2) An order: (a) Pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order from 20 January 2025 ("the interim supervision order"); (b) Pursuant to s 10C(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 this order. (3) An 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. (4) The proceedings are listed in the High-Risk Offenders Callover List on 19 December 2024 at 9:30am. Catchwords: CIVIL LAW – high risk offender – interim supervision order – statutory requisites – disputes over conditions – where defendant subject to guardianship orders – various difficulties concerning compliance – disputes resolved after argument – no question of principle Legislation Cited: Bail Act 2013 (NSW) Child Protection (Offenders Registration) Act 2002 (NSW), s 15(1)(d) Classification (Publications, Films and Computer Games) Act 1995 (Cth) Crimes Act 1900 (NSW), s 66DA Crimes (High Risk Offenders) Act 2006 (NSW), ss 3(1), 5(1)(a)(i), 5B(d), 5I, 6, 7, 7(3), 7(4), 7(5), 10A, 10A(b), 10C(1), 11 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 31-35 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Cases Cited: Attorney General for New South Wales v Bragg (Preliminary) [2021] NSWSC 439 Manna v State of New South Wales [2021] NSWSC 1220 State of New South Wales v Carr [2014] NSWSC 1348 State of New South Wales v Carr [2020] NSWSC 643 Category: Principal judgment Parties: State of New South Wales (plaintiff) George White (a pseudonym) (defendant) Representation: Counsel: E Lovell-Jones (plaintiff) K Ng (defendant)