State of New South Wales v Cruse [2013] NSWSC 1733

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cruse [2013] NSWSC 1733 Hearing dates: 5 December 2013 Decision date: 05 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. That, pursuant to s. 7(4) of the Crimes (High Risk Offenders) Act 2006, Dr Jeremy O'Dea and Dr Andrew Ellis be appointed to conduct separate psychiatric examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales by 6 January 2014. 2. That the defendant be directed to attend an appointment with Dr Jeremy O'Dea on Friday 19 December at 12.00pm at Suite 17, Level 8, 235 Macquarie Street, Sydney. 3. That the defendant be directed to attend an appointment with Dr Andrew Ellis on Monday 23 December 2013 at 4.00pm at Nunyara COSP. 4. An order pursuant to s. 10A of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to interim supervision from 9 December 2013 (the time at which the defendant's parole expires) for a period of 28 days. 5. An order pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 that the defendant comply with conditions 1-59 as set out in Schedule A to the summons filed on 11 November 2013. 6. The matter be listed on 3 January 2014 at 10.00am for the plaintiff to apply for a renewal of orders that the defendant be subject to interim supervision for a period of 28 days. 7. The plaintiff to file and serve any affidavit evidence on which he relies by 10 January 2014. 8. The defendant to file and serve any affidavit evidence on which he relies by 24 January 2014. 9. The matter be listed on 30 January 2014 at 10.00am for the plaintiff to apply for a renewal of orders that the defendant be subject to interim supervision for a period of 28 days. 10. The plaintiff to file and serve submissions on which he relies by 6 February 2014. 11. The defendant to file and serve submissions on which he relies by 20 February 2014. 12. The matter be listed for hearing on 26 February 2014 with an estimate of 1 - 2 days. 13. Liberty to apply to re-list the matter with 3 days notice. Catchwords: CRIMINAL LAW - serious sex offender - application for interim supervision order - test for interim order - evidence if proven justifies making of extended supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney-General for the State of New South Wales v Haytar [2007] NSWCA 993 Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; 198 A Crim R 149 Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; 176 A Crim R 110 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Interlocutory applications Parties: State of New South Wales (Plaintiff) Edward Frances Cruse (Defendant) Representation: Counsel: H Bennett (Plaintiff) G Scragg (Defendant) Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2013/339906