STATE of NEW SOUTH WALES v SCERRI [2011] NSWSC 683

Supreme Court New South Wales

Medium Neutral Citation: STATE of NEW SOUTH WALES v SCERRI [2011] NSWSC 683 Hearing dates: 1 July 2011 Decision date: 07 July 2011 Jurisdiction: Common Law Before: HOEBEN J Decision: (1) Order pursuant to s7(4) of the Crimes (Serious Sex Offenders) Act 2006 that: (a) Dr Jeremy O'Dea and Dr Anthony Samuels be appointed to conduct separate psychiatric examinations of the defendant and that reports be furnished to the Supreme Court on the results of those examinations on or before 8 August 2011. (b) Direct the defendant to attend those examinations. Catchwords: CRIMINAL LAW - Crimes (Serious Sex Offenders) Act 2006 - serious sex offence - preliminary hearing - orders sought for examination by psychiatrists - defendant on parole - objects of Act - despite consent of defendant, need for Court to be satisfied under s7(4) of the Act. Legislation Cited: Crimes Act 1900 Crimes (Serious Sex Offenders) Act 2006 Cases Cited: Attorney-General for the State of New South Wales v Hayter [2007] NSWSC 983 Attorney-General for the State of NSW v Tillman [2007] NSWCA 119 State of New South Wales v Bastian [2011] NSWSC 641 at [72] - [73] State of NSW v Brookes [2008] NSWSC 150 at [13] State of New South Wales v Richardson (No 2) [2011] NSWSC 276 at [20] Category: Principal judgment Parties: STATE of NSW - Plaintiff Mark Anthony Scerri - Defendant Representation: Counsel: Mr PD Kell - Plaintiff Mr DP Griffin - Defendant Solicitors: V Knight, Crown Solicitor - Plaintiff Legal Aid Commission of NSW - Defendant File Number(s): 2011/00184919