State of New South Wales v Delaporte [2014] NSWSC 1165

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Delaporte [2014] NSWSC 1165 Hearing dates: 18 August 2014 Decision date: 18 August 2014 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act): (a) Doctor Richard Furst and Doctor Samson Roberts are appointed to conduct separate psychiatric examinations of the defendant; (b) The defendant is directed to attend those examinations; (c) Doctor Richard Furst is to furnish his report to the Supreme Court of New South Wales on the results of his examination by 9 September 2014; (d) Doctor Samson Roberts is to furnish his report to the Supreme Court of New South Wales on the results of his examination by 18 September 2014. (2) The matter is listed for final hearing on 2 October 2014 with an estimate of one day. (3) The plaintiff is to file and serve any further evidence by 12 September 2014. (4) The defendant is to file and serve any evidence by 19 September 2014. (5) The plaintiff is to file and serve written submissions by 22 September 2014. (6) The defendant to file and serve written submissions by 26 September 2014. (7) The parties are to notify one another of any witnesses or authors of reports required for cross-examination by 26 September 2014. (8) Grant liberty to apply on one day's notice. (9) Direct that 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 documents the parties are to be notified by the Registrar so as to be given the opportunity to be heard. (10) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2006 (NSW) there is to be no publication in New South Wales of any material that will identify the defendant's whereabouts or residential address. Such order to remain in force until the conclusion of the hearing on 2 October 2014. Catchwords: CIVL LAW - Crimes (High Risk Offenders) Act 2006 - psychiatric evaluation - interim orders - non publication orders Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Category: Procedural and other rulings Parties: Plaintiff: State of New South Wales Defendant: Jason Aaron Delaporte Representation: Counsel: Plaintiff: D T Kell Defendant: M Johnston Solicitors: Plaintiff: Crown Solicitors of NSW Defendant: Legal Aid NSW File Number(s): 2014/19799 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2006 (NSW) there is to be no publication in New South Wales of any material that will identify the defendant's whereabouts or residential address. Such order to remain in force until the conclusion of the hearing on 2 October 2014.