State of New South Wales v Williamson [2014] NSWSC 519

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Williamson [2014] NSWSC 519 Hearing dates: 24 April 2014 Decision date: 07 May 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Dr Jeremy O'Dea and Dr Andrew Ellis are appointed to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court with regard to the results of those examinations by 13 June 2014; and (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 15 May 2014 for a period of 28 days until 11 June 2014. (3) Pursuant to section 11 of the Act, the defendant is to comply with the conditions set out in the Schedule to this Order for the period referred to in order two. (4) The matter is listed before the Registrar on 5 June 2014 for referral to a judge of this Court for an application to extend the interim supervision order and further directions on that day. (5) Access to the Court file in respect of any document shall not be granted without the leave of a Judge of the Court. If any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to be given the opportunity to be heard. Catchwords: CIVIL LAW - application for interim supervision order pursuant to s 10A of Crimes (High Risk Offenders) Act 2006 - test similar to whether there is prima facie case in a criminal prosecution - whether a prima facie case is established that the defendant a "high risk sex offender" Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5, 5B, 5I, 7(4), 10A, 11 Cases Cited: State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Terry John Williamson (Defendant) Representation: Counsel: D T Kell (Plaintiff) T Phillips (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid (Defendant) File Number(s): 14/102445