State of New South Wales v Scott [2013] NSWSC 1834

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Scott [2013] NSWSC 1834 Hearing dates: 10 December 2013 Decision date: 10 December 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 the Court appoints two qualified psychiatrists being Dr Allnutt and Dr O'Day to conduct separate psychiatric examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by 31 January 2014. (2) The Defendant is directed to attend those examinations. (3) Pursuant to s 18A of the Act the Defendant is subject to an interim detention order from 29 December 2013 for a period of 28 days. (4) Pursuant to s 20 ss 1 of the Act a warrant is issued for the committal of the Defendant to a correctional centre for the duration of the interim order referred to. (5) The proceedings are listened before the duty judge on 23 January 2014 to hear the State's application to extend the interim detention order and warrant referred to in orders 3 and 4 above. (6) I make an order pursuant to s 77 for the attendance of the Defendant, Mr Scott, at the Supreme Court to the hearing referred to in the orders 4 and 5 above. (7) The Plaintiff is directed to file and serve any further evidence by 18 February 2014. (8) The Plaintiff is to file and serve written submissions five days prior to the final hearing that is appointed. (9) The Defendant is to file and serve written submissions one day prior to the final hearing. (10) Liberty to apply to either party on one day's notice (11) Leave to approach the listing manager for a final hearing on the basis that the matter will take two to three days, and noting by the nature of the proceedings that there is some urgency and expedition required in that regard. Catchwords: CRIMINAL LAW - serious sex offender - application for interim detention or supervision order - high risk offender - intellectual difficulties - little insight into offending - no appropriate accommodation - interim detention order made Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (High Risk Offenders) Act 2006 Mental Health Act 2007 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 Attorney-General for New South Wales v Winters [2007] NSWSC 611 Director Of Public Prosecutions Western Australia v GTR [2008] WASCA 187; (2008) 198 A Crim R 149 Director of Public Prosecutions Western Australia v Williams [2007] WASCA 206; (2007) 176 A Crim R 110 State of New South Wales v Brooks [2008] NSWSC 150 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Richardson (No. 2) [2011] NSWSC 276; (2011) 210 A Crim R 220 Category: Interlocutory applications Parties: State of New South Wales (Plaintiff) Terence Sydney Scott (Defendant) Representation: Counsel: S Callan (Plaintiff) G Scragg (Defendant) Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2013/356510