State of New South Wales v Davie [2016] NSWSC 681

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davie [2016] NSWSC 681 Hearing dates: 4 May 2016 Date of orders: 04 May 2016 Decision date: 30 May 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006: a. Appointing Dr Andrew Ellis, psychiatrist and Dr Jeremy O'Dea, psychiatrist, to conduct separate examinations of the defendant and to furnish reports to the Court on the results of those examinations by 22 June 2016. b. Directing the defendant to attend those examinations.

2. The plaintiff is to file and serve any affidavits and submissions upon which it will rely at the final hearing by 29 June 2016.

3. The defendant is to file and serve any affidavits and submissions upon which he will rely at the final hearing by 4 July 2016.

4. The plaintiff is to file and serve any submissions in reply by 6 July 2016.

5. The matter is listed on 7 July 2016 for final hearing.

6. Liberty to apply on two days' notice.

7. An order that access to the court file be restricted to the parties, unless by leave granted by a Judge of this Court following notification to parties. Catchwords: CIVIL LAW – further application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – preliminary hearing – appointment of experts to conduct psychiatric examination Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v McGuire [2015] NSWSC 152 Attorney General for the State of NSW v Hayter [2007] NSWSC 983 Attorney General for the State of NSW v Tillman [2007] NSWCA 119 Attorney General for the State of NSW v Tillman [2007] NSWSC 605 Davie v State of New South Wales [2016] NSWCA 96 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 State of New South Wales v Cruse [2013] NSWSC 1733 State of New South Wales v Davie (No 2) [2015] NSWSC 935 State of New South Wales v Davie [2015] NSWSC 413 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 Richardson (No. 2) [2011] NSWSC 276 State of New South Wales v Thomas (Final) [2011] NSWSC 307 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Category: Procedural and other rulings Parties: State of New South Wales (Applicant) Jeffrey Davie (Respondent) Representation: H Bennett (Applicant) G Scragg (Respondent) File Number(s): 2016/00104537 Publication restriction: None