State of New South Wales v Windle [2016] NSWSC 1816

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Windle [2016] NSWSC 1816 Hearing dates: 14 December 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Johnson J Decision: 1. Interim supervision order made for 28 days from 28 February 2017. 2. Order made for psychiatric examinations to be conducted. Catchwords: HIGH RISK OFFENDER - serious violent offender - preliminary hearing - application for interim supervision order and for examination by court-appointed psychiatrists - index offence of attempted murder in 2011 - criminal history includes other offences of violence - whether Defendant a "high risk violent offender" under s.5E(2) - relevance to risk assessment of offences of violence which are not "serious violent offences" - interim supervision order made together with order for examination by two psychiatrists Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Serious Sex Offenders) Amendment Act 2013 Crimes (High Risk Offenders) Amendment Act 2014 Crimes (High Risk Offenders) Amendment Act 2016 Crimes Act 1900 Criminal Code (Cth) Cases Cited: Attorney-General (NSW) v Tillman [2007] NSWCA 119 Lynn v State of New South Wales [2016] NSWCA 57 Porter v R [2008] NSWCCA 145 R v Engert (1995) 84 A Crim R 67 R v Karimi; R v Khoury; R v Mir (No 11) [2013] NSWSC 1761 R v Natuba; R v Tamapua [2012] NSWSC 1569 R v Windle [2012] NSWCCA 222 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v McGrath [2016] NSWSC 1560 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Sancar [2016] NSWSC 867 Texts Cited: --- Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Andrew Robert Windle (Defendant) Representation: Counsel: Ms G Wright (Plaintiff) Mr H White (Defendant)