State of New South Wales v Conway [2011] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Conway [2011] NSWSC 588 Hearing dates: 14 June 2011 Decision date: 17 June 2011 Jurisdiction: Common Law Before: Simpson J Decision: (1) Two qualified psychiatrists be appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations by 29 July 2011; (2) The defendant is directed to attend those examinations; (3) The defendant be subject to an interim supervision order for a period of 28 days from 18 June 2011 and comply with certain specified conditions. Catchwords: CRIMINAL LAW - Crimes (Serious Sex Offenders) Act 2006 - serious sex offence - preliminary hearing - application for extended supervision order - "unacceptable risk" test - construction of term "criminal history" - manner and extent to which admissions of uncharged sexual misconduct may be taken into account - intellectual disability - dispute as to accommodation conditions - interim supervision order granted Legislation Cited: Crimes (Serious Sex Offenders) Act 2006 Crimes Act 1900 Cases Cited: State of New South Wales v Richard John Darrego [2011] NSWSC 360 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Tillman v Attorney General for the State of New South Wales [2007] NSWCA 327; 178 A Crim R 133 Category: Separate question Parties: State of New South Wales (Plaintiff) John Owen Conway (also known as John Allan Conway) (Defendant) Representation: Counsel: N L Sharp (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2011/144549