State of New South Wales v Bird [2016] NSWSC 1420

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bird [2016] NSWSC 1420 Hearing dates: 21 September 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) An order pursuant to s 15(4) of the Act appointing two psychiatrists, Dr James and Dr Charlie Chew to conduct separate examinations of the defendant and to furnish reports to the Court on the result of those examinations of 24 October 2014.

(2) Direct the defendant to attend those examinations.

(3) The plaintiff to file any evidence and written submissions on which he will rely for the final hearing by 9 November 2016.

(4) The defendant to file any evidence and written submissions on which it will rely at a final hearing by 28 November 2016.

(5) On or before 18 November 2016, the defendant to file and serve a statement of all the real issues in dispute for the final hearing, such statement to be no longer than one page.

(6) The final hearing to be listed on 30 November 2016 with an estimate of one day.

(7) Liberty to apply on two days' notice.

(8) An order pursuant to s 77 of the Crimes Administration of Sentence Act 1999 (NSW) for the defendant to attend the final hearing on 30 November 2016 by video-link. Catchwords: HIGH RISK SEX OFFENDER – examination by psychiatrists – no question of principle Legislation Cited: Crimes Act 1900 (NSW) Crimes Administration of Sentence Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) William Bird (Defendant) Representation: Counsel: Mr Fernandez (Plaintiff) Ms A Cook (Defendant)