State of New South Wales v Burchell [2017] NSWSC 712

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Burchell [2017] NSWSC 712 Hearing dates: 24 May 2017 Date of orders: 24 May 2017 Decision date: 24 May 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. Pursuant to section 7(4)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) the Court appoints two qualified psychiatrists and/or registered psychologists (or any combination of such persons) to conduct separate psychiatric or psychological examinations.

2. The reports in order 1 are to be furnished to this Court by 20 July 2017.

3. Pursuant to section 7(4)(b) of the Act, the defendant is directed to attend the examinations referred to in order 1.

4. The parties have liberty to apply to relist the matter on three working days' notice.

5. Access to the Court's file by a non‑party in respect of any document shall not be granted without the prior notification to the parties of the non‑parties' application for access and without leave of a Justice of the Court.

6. Grant leave to the plaintiff to amend its summons by replacing the schedule of the filed version with the document which has been marked for identification MFI 1. Catchwords: CRIMES (HIGH RISK OFFENDERS) ACT 2006­­ ­­­­­­­ – high risk sex offender – interim supervision order sought –­ order for appointment of experts to report to Court sought – ­ matters to be taken into account in making an extension supervision order pursuant to section 9 – HELD – matters alleged in the supporting documentation tendered would if proved justify the making of an extension supervision order – HELD ­ order made appointing qualified experts to examine the defendant and report to the Court – ­HELD – ­ interim supervision order not appropriate as final hearing can be occur prior to expiry of term of sentence Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (NSW) Crimes Act 1900 (NSW), ss 38, 61I, 61J, 61M, 61N, 91H Criminal Code Act 1995 (Cth), s 474.19 Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5, 5B, 5H,5I, 6, 7, 9, 10, 10A, 11, 12, 21, 25 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Timothy Michael Burchell (Defendant) Representation: Counsel: J Single (Plaintiff) A Cook (Defendant)