State of New South Wales (for the Attorney General of NSW) v Nason [2016] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales (for the Attorney General of NSW) v Nason [2016] NSWSC 1171 Hearing dates: 23 August 2016 Date of orders: 23 August 2016 Decision date: 23 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: The Court orders: (1) Leave is granted to the plaintiff to file an Amended Summons. (2) Pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW):

(a) that Dr Anthony Samuels and Patrick Sheehan be appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court by 6 October 2016; (b) the defendant attend those examinations. (3) Pursuant to section 10B of the Act, the defendant is subject to an interim supervision order from midnight on 27 September 2016 (the time at which the defendant's sentence expires) for a period of 28 days. (4) Pursuant to section 11 of the Act, direct that the defendant comply with the conditions annexed to these orders for the period of the interim supervision order referred to in order 3 above. (5) The matter be listed on ­­­­­­­­­­­­­­­­­­18 October 2016 to hear the plaintiff's application for a renewal of the interim supervision order referred to in order 3 above for a period of 28 days. (6) The matter be listed on ­­­­­­­­­­­­­­­­­­15 November 2016 to hear the plaintiff's application for a further renewal of the interim supervision order referred to in order 3 above for a period of 28 days, or until judgment is delivered, whichever is sooner. (7) The plaintiff to file and serve any evidence and submissions relied upon for the final hearing by ­­­­­­­­­­­­­­22 November 2016. (8) The defendant to file and serve any evidence and submissions relied upon for the final hearing by ­­­­­­­­­­­­­­29 November 2016. (9) The matter be listed for hearing on 1 December 2016 at 10am with an estimate of one day. Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk violent offender – extended interim supervision order sought– where dispute only as to conditions of order Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 33B(1)(a) Crimes (High Risk) Offenders Act 2006 (NSW), ss 5A, 7, 10B Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Brian Edward Nason (Defendant) Representation: Counsel: Dr H Bennett (plaintiff) A Cook (Defendant)