The State of New South Wales v Cornwall [2015] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v Cornwall [2015] NSWSC 742 Hearing dates: 11 June 2015 Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) That Dr Samson Roberts be appointed to conduct a psychiatric examination of the defendant and to furnish a report to the Supreme Court on the result of that examination on or before 20 July 2015.

(2) That Dr Jeremy O'Dea be appointed to conduct a psychiatric examination of the defendant and to furnish a report to the Supreme Court on the result of that examination on or before 20 July 2015.

(3) That the defendant take all steps reasonably available to him to make himself available to be examined by Dr Roberts and Dr O'Dea.

(4) The proceedings be adjourned to 9am on 26 June 2015 before the Registrar for directions.

(5) There be liberty to apply on 12 hours' notice.

(6) The plaintiff's notice of motion filed 5 June 2015 be otherwise dismissed. Catchwords: SEX OFFENDER – application for an interim detention order – respondent convicted of sexual assaults committed between 1989 and 1993 – subject to existing extended supervision order – due for release on 13 June 2015 – admitted to Long Bay Mental Health Facility – if order not made will be admitted as an involuntary patient to mental health facility – application for IDO dismissed – order made appointing psychiatrists. Legislation Cited: - Crimes (High Risk Offenders) Act 2006 - Mental Health Act 2007 - Mental Health (Forensic Provisions) Act 1990 – s 55, s 59 Cases Cited: - Attorney-General for the State of New South Wales v Cornwall [2007] NSWSC 1082 - Cornwall v Attorney-General for New South Wales [2007] NSWCA 374 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Raymond Barry Cornwall (Defendant) Representation: Counsel: T. Hammond (Plaintiff M. Johnston (Defendant)