State of New South Wales v Helmhout [2016] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Helmhout [2016] NSWSC 725 Hearing dates: 26 May 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Under section 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): a. two qualified psychiatrists be appointed to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations; b. direct the defendant to attend those examinations. (2) Pursuant to s 10B of the Act, that the defendant be subject to an interim supervision order from 22 June 2016 ("the interim supervision order"); (3) Pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and (4) Pursuant to s 11 of the Act, direct that the defendant comply with the conditions set out in the Schedule to this Order for the period of the interim supervision order. Catchwords: HIGH RISK OFFENDER – serious violent offender – preliminary hearing – interim order sought – two qualified psychiatrists to be appointed to conduct examinations – defendant directed to attend examinations – interim supervision order imposed with conditions Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Helmhout v R [2001] NSWCCA 372; (2001) 125 A Crim R 257 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Pacey [2015] NSWSC 1983 R v Pieter Egbert Helmhout & Anor [2000] NSWSC 651 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Mark William Helmhout (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr M Johnston SC (Defendant)