State of New South Wales v Armstrong [2015] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Armstrong [2015] NSWSC 1123 Hearing dates: 10 August 2015 Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s.15(4) of the Crimes (High Risk Offenders) Act 2006:

(a) The Court appoints Dr. Samson Roberts and Dr. Anthony Samuels to conduct separate examinations of the defendant, and to furnish to the Court reports on the results of those examinations by 14 September 2015; and

(b) The defendant is directed to attend the examinations as appointed with each of the doctors referred to in order 1(a).

(2) Pursuant to s.18A of the Act the defendant is subject to an interim detention order to date from 27 August 2015 for a period of 28 days.

(3) Pursuant to s.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 before the Common Law Registrar at 9am on 17 August 2015 to fix a timetable for the final hearing of the matter, together with orders for the filing and service of further evidence and any written submissions upon which the parties respectively seek to rely. Catchwords: CIVIL LAW - HIGH RISK SEX OFFENDER –applications pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) - preliminary hearing - application for preparation of mandatory expert reports - whether interim detention order or interim supervision order should be made - test to be applied Legislation Cited: Child Protection (Offender Reporting) Act 2004 (Qld) Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 Attorney General for New South Wales v McGuire [2015] NSWSC 152 Attorney General for the State of NSW v Tillman [2007] NSWCA 119 Attorney General for the State of NSW v Tillman [2007] NSWSC 605 Director of Public Prosecutions WA v GTR (2008) 198 A Crim R 149 Director of Public Prosecutions WA v Williams (2007) 176 A Crim R 110 New South Wales v Manners [2008] NSWSC 1242 NSW v Richardson (No. 2) [2011] NSWSC 276 State of New South Wales v Cruse [2013] NSWSC 1733 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Graeme Allan Reed (Preliminary) [2011] NSWSC 625 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Thomas (Final) [2011] NSWSC 308 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Matthew Ryan Armstrong (Defendant) Representation: Counsel: Ms. G.F Mahony (Plaintiff) Mr. P. Johnson (Defendant)