State of New South Wales v TT (Preliminary) [2017] NSWSC 1797

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 Hearing dates: 12 December 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Common Law Before: Walton J Decision: I have determined to make an order pursuant to s 10A of the Act that the defendant be subject to an interim supervision order from 3 February 2018, which order will operate for a period of 28 days.

Pursuant to s 11 of the Act, orders will be made directing the defendant to comply with conditions, the terms of which shall be the terms of the amended schedule to the summons filed 14 November 2017 as further amended in accordance with this judgment.

Pursuant to s 7(4) of the Act, the Court shall also make orders appointing two qualified psychiatrists to conduct psychiatric examinations of the defendant and furnish reports to this Court. The ancillary orders sought by the State should be also granted. Catchwords: HIGH RISK SEX OFFENDER – interim supervision order sought – amendment Act – amended provisions apply – preliminary hearing – mandatory factors – determination under s 5B(d) – extended supervision order – appointment of psychiatrists – conditions – directions Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Customs Act 1901 (Cth) Statute Law (Miscellaneous Provisions) Act 2000 (NSW) Cases Cited: Citie Centre Projects (No 2) Pty Ltd v Council of the Shire Albert and Anor [1992] QPLR 258 Hunter Quarries Pty Ltd v Morrison (no 4) [2016] NSWIC 4 Kennedy v Spratt [1972] AC 83 R v Bronson Mathew Blessington [2005] NSWSC 340 R v Carngham (1978) 140 CLR 487 R v Warfield (1995) 34 NSWLR 200 Re Camel Export Co Pty Ltd Australian Trade Commission (1986) 10 ALD 293 State of New South Wales v Anderson [2015] NSWSC 1515 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Burns [2014] NSWSC 1014 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Reed (Preliminary) [2011] NSWSC 625 State of New South Wales v Sines (No 3) [2017] NSWSC 985 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Veen v The Queen (No 2) (1988) 164 CLR 465 Weetra v Beshara (1987) 46 SASR 484 Winsor v Boaden (1953) 90 CLR 345 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 11-18 October 2017 Category: Principal judgment Parties: State of New South Wales (Plaintiff) TT (Defendant) Representation: Counsel: P Aitken (Plaintiff) A Cook (Defendant)