State of New South Wales v SLD (Preliminary) [2024] NSWSC 1645

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v SLD (Preliminary) [2024] NSWSC 1645 Hearing dates: 17 December 2024 Date of orders: 17 December 2024 Decision date: 20 December 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), (a) Two qualified psychiatrists or two registered psychologists, or one qualified psychiatrist and one registered psychologist are to be appointed, to conduct separate psychiatric 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 by the Court; and (b) The defendant is directed to attend those examinations. (2) Pursuant to s 18A of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is to be subject to an interim detention order for a period of 28 days commencing on 18 December 2024. (3) Pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), a warrant is to be issued for the committal of the defendant to a correctional centre for the duration of the interim detention order. (4) Pursuant to ss 7 and 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW), the defendant is to be identified in relation to these proceedings by the pseudonym "SLD", and such order shall apply: (a) To all media including, but not limited to, print, radio, television, internet and social media; (b) Throughout the Commonwealth; and (c) Until further order of the Court. (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 of access. Catchwords: HIGH RISK OFFENDERS – Preliminary hearing – Urgent application for interim detention order – Violent index offence – Where defendant opposes the imposition of an interim detention order – Where defendant subject to interim detention order previously made pending finalisation of outstanding sentence proceedings – Where defendant subject to an extended supervision order which is suspended while the defendant is in custody – Where defendant's current interim detention order will expire on the following day – Whether an interim detention order should be made Legislation Cited: Crimes Act 1900 (NSW), ss 60A(1), 60B(1) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5C, 15(4), 13B(4), 17(1)(b), 17(2), 18A, 18C, 20(1) Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8(1)(a) Cases Cited: R v SLD (No 3) [2024] NSWDC 480 R v SLD (No 4) [2024] NSWDC 594 State of New South Wales v SLD [2024] NSWSC 1595 State of New South Wales v SLD (Final) [2023] NSWSC 978 State of New South Wales v SLD (Preliminary) [2023] NSWSC 330 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) SLD (Defendant) Representation: Counsel: G F Mahoney SC, I Fraser (Plaintiff) D Bhutani (Defendant)