State of New South Wales v McLeod [2016] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McLeod [2016] NSWSC 1052 Hearing dates: 18 May 2016 Decision date: 01 August 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW): (a) The following two experts are appointed to conduct separate examinations of the defendant: (i) Dr Andrew Ellis, qualified psychiatrist; and (ii) Kate Seidler, registered psychologist. (b)The defendant is directed to attend the examinations referred to in order 1(a). (c) The experts referred to in order 1(a) are to furnish their reports to the Supreme Court as to the results of those examinations by 5 September 2016. (2) Access to the Court's file by a person who is not a party in respect of any document shall not be granted without the prior notification to the parties of the person's application for access, and without the leave of a judge of this Court. (3) The matter is listed for further directions before the Common Law Registrar at 9 AM on Monday 15 August 2016. (4) The parties have liberty to restore the matter to the list on two days' notice. (5) The parties have liberty to approach my Associate within two weeks of today, on or before 15 August 2016, with regard to the making of either consent order in chambers or with regard to conducting a further brief hearing before me with regard to alteration of order 1(a)(i), 1(a)(ii), and 1(c). Catchwords: CIVIL LAW – application for mandatory psychiatric examinations pursuant to Crimes (High Risk Offenders) Act 2006 (NSW) – preliminary hearing – whether defendant a "high risk violent offender" – whether test made out at preliminary stage Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), ss 4, 35(2) Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5, 5A, 5A(1), 5A(1)(a), 5A(2), 13C(1), 15, 15(4), 15(5), 17(4)(a), 17(4)(h), 17(4)(i) Crimes (High Risk Offenders) Amendment Act 2016 (NSW) Cases Cited: Attorney General (NSW) v Hayter [2007] NSWSC 983 State of New South Wales v Conway [2011] NSWSC 976 State of New South Wales v Mackey [2015] NSWSC 514 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 State of New South Wales v Veeran [2015] NSWSC 75 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Keiron John McLeod (Defendant) Representation: Counsel: I Fraser (Plaintiff) A Cook (Defendant)