State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 Hearing dates: 23 April 2018 Decision date: 01 May 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Interim supervision order for 28 days with a qualified psychiatrist and a registered psychologist appointed to conduct separate examinations of the defendant Catchwords: HIGH RISK OFFENDER – serious sex offender – extended supervision order preliminary hearing – interim supervision order hearing – whether matters alleged would if proved satisfy the court to a high degree of probability that the defendant poses an unacceptable risk of committing another serious offence if not kept under supervision – where defendant diagnosed with Asperger's syndrome – where defendant had sexual assault and indecent assault convictions – where defendant had multiple convictions for breaches of protection orders – where defendant's risk assessment in highest level – interim supervision order granted – two psychiatrists and/or psychologists to conduct examinations of the defendant and furnish reports for final hearing Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) s 5(2) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) Pt 3 Div 10 Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 5, 5B, 5D, 5H, 5I, 6, 7, 9, 10A Mental Health (Criminal Procedure) Act 1990 s 32 Summary Offences Act 1988 s 11G Cases Cited: Attorney General for New South Wales v Steadman [2016] NSWSC 174 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Kamm (Final) [2016] NSWSC 1 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Nathan Sleeman (Defendant) Representation: Counsel: Ms D New (Plaintiff) Ms A Hawkins (Defendant)