State of New South Wales v Anderson [2015] NSWSC 1515

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Anderson [2015] NSWSC 1515 Hearing dates: 12 October 2015 Date of orders: 15 October 2015 Decision date: 15 October 2015 Jurisdiction: Common Law Before: Hamill J Decision: I make the following orders:

(1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), Dr Jeremy O'Dea and Dr Andrew Ellis are appointed to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 27 November 2015.

(2) Pursuant to s 15(4) of the Act, the defendant is directed to attend those examinations.

(3) Pursuant to ss 10A and 10C of the Act, the defendant is subject to an interim supervision order from 17 October 2015 for a period of 28 days.

(4) Pursuant to s 11 of the Act, the defendant is to comply with the conditions of the interim supervision order as set out in the schedule to this judgment and order for the period of the interim supervision order.

(5) The proceedings are listed before the Duty Judge on Wednesday 11 November 2015 for mention and to hear any application for a further interim supervision order or interim detention order.

(6) The final hearing of the case is listed for 14 & 15 December 2015.

(7) I direct that access to the Court file in respect of any document shall not be granted without leave of a Judge of the Court. 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 the opportunity to be heard. Catchwords: CRIMINAL LAW – high risk sex offender – application for interim detention order – alternative application for interim supervision order – whether detention or intensive supervision appropriate – statutory test – discretionary factors – objectives of legislation – assessment of risk – providing incentive to the offender – rehabilitation