State of New South Wales v Lynn [2013] NSWSC 1147

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lynn [2013] NSWSC 1147 Hearing dates: 15 August 2013 Decision date: 15 August 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006: (a) two qualified psychiatrists be appointed to conduct separate psychiatric examinations of the defendant, in order to furnish reports to the Supreme Court on the results of those examinations by 4.00pm Thursday 5 September 2013, which is two weeks from today; and (b) the defendant is to attend those examinations. (2) Pursuant to ss 10B and 10C(1) of the Crimes (High Risk Offenders) Act 2006, the defendant is subject to an interim supervision order from 17 August 2013 for 28 days. (3) The defendant is to comply with the conditions of the interim supervision order as set out in Amended Schedule A of the summons filed by the plaintiff on 6 August 2013. (4) The matter is adjourned to the Common Law Registrar's list at 9.00am on Thursday 22 August 2013, that being one week from today. Catchwords: CIVIL LAW - application for interim supervision order pursuant to s 10B of Crimes (High Risk Offenders) Act 2006 - test similar to whether there is prima facie case - whether defendant a "high risk violent offender" - not a stringent test - test made out in the circumstances - interim order made Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: Fardon v Attorney-General of Queensland [2004] HCA 46; (2004) 223 CLR 575 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Reed (Preliminary) [2011] NSWSC 625 State of New South Wales v Richardson (No 2) [2011] NSWSC 276 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Watson [2011] NSWSC 1692 Category: Interlocutory applications Parties: State of New South Wales (plaintiff) Scott David Lynn (defendant) Representation: Counsel: S McNaughton SC, A Mitchelmore (plaintiff) S Lynn in person (defendant) Solicitors: Crown Solicitor's Office (plaintiff) File Number(s): 2013/238886