State of New South Wales v Kokkotas [2014] NSWSC 1624

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Kokkotas [2014] NSWSC 1624 Hearing dates: 17 November 2014 Decision date: 18 November 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) One qualified psychiatrist, Dr Andrew Ellis, and one qualified psychologist, Dr Katie Seidler, are appointed to conduct separate psychiatric and psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 30 January 2015; (b) The defendant is directed to attend those examinations. (2) Pursuant to s 10A of the Act, the defendant is subject to an interim supervision order from 20 January 2015 for a period of 28 days until 16 February 2015. (3) Pursuant to s 11 of the Act, the defendant is to comply with the conditions set out in the Schedule filed in Court on 17 November 2014 and marked to that effect for the period referred to in order two. (4) The matter is relisted before the Common Law Registrar at 9 am on Tuesday 25 November 2014. Catchwords: CIVIL LAW - application for preparation of psychiatric and psychological reports pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 - application for interim supervision order pursuant to s 10A of the Act - test relevantly identical - whether test made out - whether ISO should be granted - whether conditions of ISO should include electronic monitoring Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5I 6, 7, 9, 10A Cases Cited: Attorney General (New South Wales) v Hayter [2007] NSWSC 983 Attorney General (New South Wales) v Tillman [2007] NSWCA 119 New South Wales v Richardson (No 2) [2011] NSWSC 276, (2011) 210 A Crim R 220 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Green (Final) [2013] NSWSC 1003 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Interlocutory applications Parties: State of New South Wales (Plaintiff) David Moses Kokkotas (Defendant) Representation: Counsel: N Kelly (Plaintiff) M Johnston (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid New South Wales (Defendant) File Number(s): 2014/300322