State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 754

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 Hearing dates: 16 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Common Law Before: Johnson J Decision: (a) An order is made pursuant to s.7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act") appointing two qualified psychiatrists to conduct separate psychiatric examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court. (b) An order is made directing the Defendant to attend those examinations. (c) An order is made pursuant to ss.10A and 10C(1) of the Act, that the Defendant be subject to an interim supervision order for a period of 28 days commencing today, 25 May 2018, and expiring on 22 June 2018, unless renewed on further application by the Plaintiff (d) An order is made pursuant to s.11 of the Act, directing that the Defendant comply with the conditions of the interim supervision order which are set out in the attached Schedule. Catchwords: HIGH RISK OFFENDER – serious violent offender – preliminary hearing – application for interim supervision order and for examination by court-appointed psychiatrists –"serious violence offence" of manslaughter in 1999 – multiple offences of robbery in 1990s and 1999 – offence of aggravated robbery inflicting grievous bodily harm in 2012 – 1999 and 2012 offences committed whilst on parole – offences involve explosive violence against strangers in public places while under influence of illicit drugs – 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 (Administration of Sentences) Act 1999 Crimes (Domestic and Personal Violence) Act 2007 Crimes (High Risk Offenders) Act 2006 Crimes Act 1900 Firearms Act 1996 Mental Health (Forensic Provisions) Act 1990 Weapons Prohibition Act 1998 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Decision Restricted [2016] NSWSC 1052 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Sotheren [2001] NSWSC 214 R v Sotheren [2001] NSWCCA 425 R v Sotheren [2011] NSWCCA 68 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 Thurston [2017] NSWSC 1760 State of New South Wales v TT (Final) [2018] NSWSC 358 State of New South Wales v Windle [2016] NSWSC 1816 Veen v The Queen (No. 2) (1998) 164 CLR 465; [1988] HCA 14 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Texts Cited: --- Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Darren James Sotheren (Defendant) Representation: Counsel: Mr C Lenehan (Plaintiff) Ms A Cook (Defendant)