State of NSW v Mitchell [2009] NSWSC 606

New South Wales Supreme Court

CITATION : State of NSW v Mitchell [2009] NSWSC 606

HEARING DATE(S) : 29 June 2009

JUDGMENT DATE : 30 June 2009

JUDGMENT OF : Buddin J

DECISION : I order, pursuant to s 9(1)(a) of the Crimes (Serious Sex Offenders) Act that, for a period of 5 years from today that the defendant be subject to an extended supervision order by complying with the conditions contained in the attached Schedule. I note that the defendant has signed each page of the Schedule setting out those conditions. I revoke the Interim Supervision Order which I made on 19 June 2009.

CATCHWORDS : Serious sex offender - application for extended supervision order - no opposition to making of order or conditions attached thereto

LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006

CATEGORY : Principal judgment

Cornwall v Attorney General for NSW [2007] NSWCA 374 CASES CITED : State of New South Wales v Mitchell [2009] NSWSC Tillman v Attorney-General for NSW (2007) 178 A Crim R 133

PARTIES : The State of New South Wales (Plaintiff) Barry James Mitchell (Defendant)

FILE NUMBER(S) : SC 2009/11614

COUNSEL : A Stenmark SC/A Mitchelmore (Plaintiff) D Thiering (Defendant)

SOLICITORS : IV Knight (Crown Solicitor for State of NSW) (Plaintiff) S O'Connor (Solicitor for Legal Aid) (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

TUESDAY 30 JUNE 2009

11614/2009 – THE STATE OF NEW SOUTH WALES v BARRY JAMES MITCHELL

JUDGMENT 1 HIS HONOUR: By further amended summons dated 29 June 2009 the plaintiff seeks an order, pursuant to s 9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 (the Act), that the defendant be made subject to an extended supervision order for a period of 5 years. As an incident of that order it seeks, pursuant to s 11 of the Act, that the defendant be directed to comply with the conditions set out in the Schedule to the Summons. 2 On 16 April 2009 I conducted a preliminary hearing into the matter. At the time the defendant was in custody serving a sentence of imprisonment which was then due to expire on 29 April 2009. I then made the following orders to which there were no opposition: 1 Pursuant to section 7(4)(a) of the Crimes (Serious Sex Offenders) Act 2006 ("the Act"), two qualified psychiatrists are to conduct separate psychiatric examinations of the defendant and each of those psychiatrists is to furnish a report to the Court on the results of those examinations on or before 4.00 pm on 14 May 2009. I note that Dr Jeremy O'Dea and Dr Anthony Samuels will conduct those examinations.