State of New South Wales v Davie [2015] NSWSC 413

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davie [2015] NSWSC 413 Hearing dates: 13 April 2015 Decision date: 14 April 2015 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to section 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) The Court appoints psychiatrists Dr Jeremy O'Dea and Dr Andrew Ellis to conduct separate examinations of the defendant and to furnish reports to the Court on the results of those examinations by 25 May 2015; and (b) The defendant is directed to attend those examinations. (2) Pursuant to section 18A of the Act, the defendant is subject to an interim detention order from 12:01 am on 26 May 2015 for a period of 28 days. (3) Pursuant to section 20(1) of the Act, a warrant is to issue for the commitment of the defendant to a correctional centre for the duration of Order 2. (4) The matter is listed for mention before the Common Law Registrar at 9 am on 21 April 2015. (5) The Commissioner for Corrective Services is requested to facilitate the attendance of the defendant at any final hearing by way of audio-visual link. (6) The plaintiff is to file and serve any further evidence and any written submissions upon which it intends to rely at the final hearing by no later than 18 June 2015. (7) The defendant is to file and serve any further evidence and any written submissions upon which he intends to rely at the final hearing by no later than 25 June 2015. (8) The parties are to notify each other by 27 June 2015 of any witnesses whom they each require for cross-examination at the final hearing. (9) Access to the Court's file in respect of any document shall not be granted without the leave of a judge of the Court, and, 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 an opportunity to be heard. (10) The parties have liberty to restore the matter to the list upon one day's notice. Catchwords: CIVIL LAW – applications pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – preliminary hearing – test to be applied – application for preparation of mandatory expert reports – whether interim detention order or interim supervision order should be made Legislation Cited: Crimes (High Risk Offenders) Act 2006, s 5(1)(a)(i), 5B, 5D(1), 5G(1), 7(4), 9, 10A, 15(4), 17, 18A Criminal Procedure Act 1986 (NSW) Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 State of New South Wales v Atkins [2013] NSWSC 1988 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Jeffrey Wayne Davie (Defendant) Representation: Counsel: H Bennett (Plaintiff) S Hall (Defendant)