State of NSW v Reay [2014] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Reay [2014] NSWSC 1362 Hearing dates: 30 September 2014 Decision date: 03 October 2014 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing Dr Andrew Ellis and Dr Richard Furst to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those psychiatric examinations by Monday 27 October 2014; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to s 18B of the Act that the defendant be subject to an interim detention order from 5 October 2014 for a period of 28 days, expiring on 1 November 2014. (3) An order pursuant to s 20(1) of the Act that the Court issue a warrant for the commitment of the defendant to a correctional centre for the duration of the interim order referred to in order 2 above. (4) The matter is adjourned to the Common Law Registrar's list at 9.00am on Friday 10 October 2014, that being one week from today. Catchwords: CIVIL LAW - application for mandatory psychiatric examination pursuant to s 15(4) of Crimes (High Risk Offenders) Act 2006 - application for interim supervision order pursuant to s10B of the Act - in the alternative, application for interim detention order pursuant to s 18B of the Act - discussion of statutory tests - whether defendant a "high risk violent offender" - no accommodation available to defendant on release - consideration of the futility of making an interim supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5E, 10B, 15(4), 18B Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Attorney General (New South Wales) v Tillman [2007] NSWCA 119 R v Steadman [2013] NSWSC 170 State of New South Wales v Lynn [2013] NSWSC 1147 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) Reay (Defendant) Representation: Counsel: D Kell (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2014/254707