State of New South Wales v Amacha (Preliminary) [2017] NSWSC 284

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Amacha (Preliminary) [2017] NSWSC 284 Hearing dates: 22 March 2017 Decision date: 27 March 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 7(4)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act"), the Court appoints qualified psychiatrist, Dr Jeremy O'Dea and registered psychologist Jenny Howell to conduct separate psychiatric and psychological examinations, respectively, of the defendant and to furnish reports on the results of those examinations to the Court by no later than 5:00 pm on 3 May 2017. (1(a)) The parties have leave to approach my Associate to vary the court appointed experts if required. (2) Pursuant to s 7(4)(b) of the Act, the defendant is directed to attend examinations by the Court appointed psychiatrist and psychologist named in Order 1. (3) Pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order to commence on 28 March 2017, for a period of 28 days. (4) Pursuant to s 11 of the Act, the defendant is directed to comply with the conditions set out in the Schedule attached to these Orders for the duration of the interim supervision order made in Order 3. (5) That the plaintiff file and serve any further evidence on which it intends to rely by 5:00 pm on 3 May 2017. (6) That the plaintiff file and serve written submissions on which it intends to rely by 5:00 pm on 5 May 2017. (7) That the defendant file and serve any further evidence on which he intends to rely by 5:00 pm on 12 May 2017. (8) That the defendant file and serve written submissions on which he intends to rely by 5:00 pm on 16 May 2017. (9) That the plaintiff file and serve any submissions in reply by 5:00 pm on 19 May 2017. (10) That the matter be listed for hearing on 22 May 2017 at 10:00 am with an estimated duration of 2 day(s). (11) Pursuant to s 77 of the Crimes (Administration of Sentences) Act 1999, the Commissioner of Corrective Services is directed to cause the defendant to be produced at the Court, or via audio-visual link, for the final hearing on 22 May 2017 unless the Court otherwise orders. (12) The parties have liberty to apply to relist the matter on one working days' notice. (13) The Court notes that the plaintiff proposes, if required to exercise liberty to apply to bring the matter before a Duty Judge if the Interim Supervision Order referred to in Order 3 is to expire before the final hearing of this matter. Catchwords: HIGH RISK SEX OFFENDER – preliminary hearing –defendant sentenced to imprisonment in relation to multiple sexual assaults on two adult women in 2007 – orders sought largely not opposed, save for curfew and wording of certain conditions Legislation Cited: Crimes Act 1900 (NSW), ss 61I, 61K Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 5C, 5I, 6(3), 7, 9, 10A, 11 Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Cases Cited: Amacha v R, R v Amacha [2010] NSWCCA 180 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Manners [2008] NSWSC 1242 Wilde v State of NSW [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Robi Alvin Amacha (Defendant) Representation: Counsel: Ms S Callan with Ms M Rabsch (Plaintiff) Ms A Cook (Defendant)