State of NSW v Hayter [2009] NSWSC 318

New South Wales Supreme Court

CITATION : State of NSW v Hayter [2009] NSWSC 318

HEARING DATE(S) : 24 April 2009

JUDGMENT DATE : 24 April 2009

JUDGMENT OF : Buddin J

1 Pursuant to section 7(4)(a) of the Crimes (Serious Sex Offenders) Act 2006, I order that Professor Greenberg and Dr Samuels be appointed to conduct separate psychiatric examinations of the defendant and that each of them is to furnish a report to the Court on the results of those examinations on or before 27 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 5 May 2009 for a period of 28 days. I direct that he is to comply with the conditions which are set out in the Schedule which is annexed to this judgment. I note that the original of the Schedule has been signed by the defendant and by a representative of the Department of the Attorney-General.

CATCHWORDS : Serious sex offender - preliminary hearing - order sought for examination by psychiatrists - application for interim supervision order

LEGISLATION CITED : Crimes Act 1900 Crimes (Serious Sex Offenders) Act 2006

Attorney General for the State of NSW v Hayter [2007] NSWSC 983 Attorney General for the State of NSW v Hayter [2007] NSWSC 1146 CASES CITED : Fardon v Attorney-General for the State of Queensland (2004) 223 CLR 575 State of New South Wales v Hayter [2008] NSWSC 394 State of New South Wales v Manners [2008] NSWSC 1242

PARTIES : The State of New South Wales (Plaintiff) Warren Graeme Hayter (Defendant)