NSW Caselaw
New South Wales Supreme Court
CITATION : State of NSW v Mitchell [2009] NSWSC 283
HEARING DATE(S) : 16 April 2009
JUDGMENT DATE : 16 April 2009
JUDGMENT OF : Buddin J
1 Pursuant to section 7(4)(a) of the Crimes (Serious Sex Offenders) Act 2006, 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. DECISION : 2 Pursuant to section 7(4)(b) of the Act, the defendant is directed to attend the examinations referred to in Order 1 above. 3 Pursuant to section 8(1) of the Act, the defendant is to be subject to an interim supervision order with effect from 29 April 2009 for a period of 28 days and he is to comply with the conditions which are set out in the Schedule which is annexed to this judgment.
CATCHWORDS : Serious sex offender - preliminary hearing - order sought for examination by psychiatrists - application for interim supervision order
LEGISLATION CITED : Crimes (Serious Sex Offenders) Act 2006
CASES CITED : State of New South Wales v Manners [2008] NSWSC 1242
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) (Plaintiff) S O'Connor (Legal Aid Commission (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
BUDDIN J
THURSDAY 16 APRIL 2009
11614/2009 – THE STATE OF NEW SOUTH WALES v BARRY JAMES MITCHELL
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