State of New South Wales v Webster [2016] NSWSC 999

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Webster [2016] NSWSC 999 Hearing dates: 18 July 2016 Date of orders: 18 July 2016 Decision date: 18 July 2016 Before: Adamson J Decision: See paragraph 66 Catchwords: CRIMINAL LAW – Crimes (High Risk Offenders Act) – application for interim supervision order (ISO) – defendant a high risk sex offender – defendant did not oppose order but reserved position in regards to extended supervision order – ISO made having regard to factors in s 9 of the Act – order made under s 7(4) requiring the defendant to undergo psychiatric examinations by 2 qualified psychiatrists Legislation Cited: Crimes Act 1900 (NSW), ss 59, 61J, 61K, 61L, 89, 97 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5, 5B, 5C, 5H, 5I, 6, 7, 9, 10, 10A, 10C, 11, 12, 21 Cases Cited: Webster v R [2006] NSWCCA 346 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Michael Paul Webster (Defendant) Representation: Counsel: L Fernandez (Plaintiff) D O'Neil (Defendant)

Solicitors: Crown Solicitor (Plaintiff) File Number(s): Legal Aid Commission of NSW (Defendant) 2016/194887

Judgment

Introduction 1. By summons filed on 27 June 2016 the State of New South Wales (the plaintiff) seeks orders under the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) in respect of Michael Webster (the defendant), including, by way of final relief, an extended supervision order (ESO) for a period of five years. All references to legislation in these reasons are to the Act, except where otherwise stated. At the preliminary hearing in these proceedings on 18 July 2016 the plaintiff sought the following orders: 1. An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): a. Appointing two qualified psychiatrists to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; b. Directing the defendant to attend those examinations. 2. An order: a. pursuant to s 10A of the Act, that the defendant be subject to a high risk sex offender interim supervision order from 28 July 2016 ("the interim supervision order"); b. pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days; and c. pursuant to s 11 of the Act directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this Summons. 1. The defendant did not oppose the orders sought at the preliminary hearing. At the conclusion of the preliminary hearing on 18 July 2016 I made orders substantially in accordance with prayers 1 and 2 in the summons (the precise terms of which are set out at the conclusion of these reasons). My reasons for making these orders are as follows.