State of New South Wales v Phillips [2014] NSWSC 205

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Phillips [2014] NSWSC 205 Hearing dates: 7 March 2014 Decision date: 07 March 2014 Before: Bellew J Decision: 1. Pursuant to section 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a) the Court appoints two qualified psychiatrists, namely Jeremy O'Dea and Sampson Roberts, to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 2 April 2014; b) the defendant is directed to attend those examinations. 2. Pursuant to section 10A of the Act the defendant is subject to an interim supervision order from 9 March 2014 for a period of 28 days. 3. Pursuant to section 11 of the Act, the defendant is to comply with the conditions annexed hereto for the period of the interim supervision order referred to in order 2 above. 4. The proceedings are listed before the Duty Judge on 2 April 2014 to hear the State's application to extend the interim supervision order and conditions referred to in orders 2 and 3 above. 5. The plaintiff is to file and serve any evidence for the final hearing by 23 April 2014. 6.The defendant is to file and serve any evidence for the final hearing by 7 May 2014. 7. The plaintiff is to file and serve written submissions 5 days prior to the final hearing. 8. The defendant is to file and serve written submissions 1 day prior to the final hearing. 9. The parties are granted leave to approach the Listing Manager in the Supreme Court Registry to obtain a date for the final hearing, noting: a) the parties estimate of 1 - 2 days; and b) there is some need for urgency/expedition as the matter concerns the liberty of the defendant and must be heard and determined prior to 1 June 2014. 10. Liberty is granted to either party to apply on one day's notice by contacting my Associate Catchwords: CRIMINAL LAW - application for continuing detention order or extended supervision order - defendant previously convicted of murder - sentence served - assessment of risk of re-offending