State of New South Wales v Colebrook [2016] NSWSC 1295

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Colebrook [2016] NSWSC 1295 Hearing dates: 12 September 2016 Date of orders: 12 September 2016 Decision date: 14 September 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court: a. appoints Dr K Eagle and Dr J Adams to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 4 October 2016. b. directs the defendant to attend those examinations.

(2) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), that the defendant be subject to an interim supervision order from 15 September 2016 for a period of 28 days and, pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), that for the period of the interim supervision order, the defendant comply with the conditions set out in the schedule attached to the Summons.

(3) The Plaintiff to file and serve any evidence upon which it intends to rely upon for the final hearing by 15 November 2016.

(4) The Defendant to file and serve any evidence which he intends to rely upon for the final hearing by 22 November 2016.

(5) The Plaintiff to file and serve written submissions by 15 November 2016.

(6) The Defendant to file and serve written submissions by 22 November 2016.

(7) Matter listed for final hearing on 29 November 2016 with a 1 (one) day estimate.

(8) Liberty to apply to relist the matter at 1 (one) days' notice. Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk sex offender – preliminary hearing Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: R v Colebrook [1999] NSWCCA 262 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Daniel Michael Colebrook (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr D O'Neil (Defendant)