State of New South Wales v Weribone [2016] NSWSC 1046

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Weribone [2016] NSWSC 1046 Hearing dates: 26 July 2016 Date of orders: 26 July 2016 Decision date: 29 July 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): a. Dr Jeremy O'Dea, a forensic psychiatrist, and Mr Patrick Sheehan, a forensic psychologist, are appointed to conduct separate examinations of the defendant. b. The defendant is directed to attend the examinations to be conducted by Dr O'Dea and Mr Sheehan. c. The experts are to furnish their reports to the Court on the results of their respective examinations by close of business on 29 August 2016. 2. The plaintiff is to file and serve any evidence and submissions upon which it proposes to rely by 12 September 2016. 3. The defendant is to file and serve any evidence and submissions upon which he proposes to rely by 26 September 2016. 4. The matter is listed before the Duty Judge on 29 August 2016 for consideration of an extension of Order 5. 5. Pursuant to s 10B of the Act, the defendant is to be subject for a period of 28 days to a high risk violent offender interim supervision order, to commence on 3 August 2016. 6. Pursuant to s 11 of the Act, I direct that for the period of the interim supervision order, the defendant comply with the conditions set out in the Schedule to this Summons. 7. I make an order permitting any reports prepared for the purposes of Order 1 to be provided to Corrective Services NSW, any agency involved in the defendant's supervision, and the defendant's treating clinician(s) or health care practitioner(s). 8. The matter is to be listed for hearing on 12 October 2016 for final determination of the Summons, with an estimate of one day. 9. Liberty to restore the matter on three days' notice. 10. The defendant is personally excused from attending on 29 August 2016 on the basis that he is legally represented on that day. Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk violent offender - preliminary hearing – appointment of experts to conduct psychiatric examination Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: AW v R [2010] NSWCCA 249 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Archie Weribone (Defendant) Representation: Counsel: I Fraser (Plaintiff) M Johnston SC (Defendant)