State of New South Wales v Sturgeon (Preliminary) [2025] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sturgeon (Preliminary) [2025] NSWSC 46 Hearing dates: 3 February 2025 Date of orders: 13 February 2025 Decision date: 13 February 2025 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 a combination of the two) to conduct separate psychiatric and/or psychological examinations of the defendant and 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 to attend those examinations. (2) 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 for access. Catchwords: HIGH RISK OFFENDER – Preliminary hearing – limited nature of the test to be applied at preliminary hearing – whether the matters alleged in the supporting documentation would, if proved, justify the making of an ESO – whether the matters alleged in the supporting documentation establish an unacceptable risk of commission of a serious violence offence as well as a serious sex offence – preconditions for the making of an order of appointing two qualified psychiatrists or psychologists established Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) s 33 Crimes Act 1900 (NSW) ss 61I, 61J Crimes (High Risk Offenders) Act 2006 (NSW) ss 5, 5B, 5I, 7, 10A Crimes (Sentencing Procedure) Act 1999 (NSW) s 10 Mental Health Act 2007 (NSW) Cases Cited: Attorney-General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Ayoub (Final) [2023] NSWSC 963 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Sturgeon (No 2) [2019] NSWSC 883 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Mark Sturgeon (Defendant) Representation: Counsel: M Dalla-Poza (Plaintiff) J Wilcox (Defendant)