State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Hearing dates: 24 February 2011 Decision date: 24 February 2011 Jurisdiction: Common Law Before: R A Hulme J Decision: Two qualified psychiatrists appointed to conduct separate psychiatric examinations of the defendant and reports to be furnished to the Court Catchwords: CRIMINAL LAW - Crimes (Serious Sex Offenders) Act 2006 - serious sex offender - preliminary hearing - application for extended supervision order to replace existing continuing detention order - consideration of "unacceptable risk" test - objects of the Act - relevance of offender's participation in rehabilitation program Legislation Cited: Crimes Act 1900 Crimes (Serious Sex Offenders) Act 2006 Crimes (Serious Sex Offenders) Amendment Act 2010 Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Attorney General for the State of New South Wales v Tillman [2007] NSWSC 605 Attorney General (New South Wales) v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Thomas [2008] NSWSC 1340 State of New South Wales v Thomas (Final) [2009] NSWSC 1410 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Bruce Malcolm Thomas (Defendant) Representation: Counsel: Mr D Staehli SC with Mr D Kell (Plaintiff) Solicitors: Mr P Murphy (Defendant) File Number(s): 2011/41563