State of New South Wales v PS [2016] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v PS [2016] NSWSC 504 Hearing dates: 20 April 2016 Decision date: 26 April 2016 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006: (a) That Dr Andrew Ellis and Dr Jeremy O'Dea be appointed to conduct separate psychiatric examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales by 12 May 2016; (b) Directing the defendant to attend an appointment with Dr Andrew Ellis by AVL at Cessnock Correctional Centre on 2 May 2016 at a time to be arranged; and (c) Directing the defendant to attend an appointment with Dr Jeremy O'Dea in person at Cessnock Correctional Centre on 4 May 2016 at a time to be arranged. (2) The plaintiff files and serve any affidavit evidence on which it relies by 19 May 2016. (3) The defendant files and serves any affidavit evidence on which he relies by 26 May 2016. (4) The plaintiff files and serves submissions on which it relies by 9 June 2016. (5) The defendant files and serves submissions on which he relies by 14 June 2016. (6) Any submissions of the plaintiff in reply to be filed and served by 15 June 2016. (7) The matter is listed for hearing on 16 June 2016 at 10.00am with an estimate of one day. (8) Pursuant to s 77 of the Crimes (Administration of Sentences) Act 1999, an order directing the attendance of the defendant at the Supreme Court by AVL for the hearing referred to in order (7) above. (9) Liberty to apply to relist the matter on one day's notice. (10) Parties to be given notice if any third party seeks access to the Court file in order to give them the opportunity to be heard on that issue. Catchwords: CIVIL LAW – Crimes (High Risk Offenders) Act 2006 – preliminary hearing as required by s 15(3) of the Act – application for appointment of two psychiatrists to examine the defendant – orders made pursuant to s 15(4) of the Act Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for the State of NSW v Hayter [2007] NSWSC 983 Cornwall v Attorney-General for NSW [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWWCA 57 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Richardson (No 2) [2011] NSWSC 276 State of New South Wales v Thomas (Final) [2011] NSWSC 308 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) PS (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Ms S Hall (Defendant)