State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Dunn (a pseudonym) [2018] NSWSC 1008 Hearing dates: 5 June 2018 and 18 June 2018 Date of orders: 19 June 2018 Decision date: 29 June 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) An order pursuant to s 38(5) of the Terrorism (High Risk Offenders) Act 2017:

(a) 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; and

(b) directing the defendant to attend those examinations.

(2) An order pursuant to ss 41 and 42(1) of the Act, that the defendant be subject to an interim detention order from 20 June 2018 for a period of 28 days. Catchwords: TERRORISM HIGH RISK OFFENDER – Application for an interim detention order and the appointment of two psychiatrists to assess the defendant sought by the State under the Terrorism (High Risk Offenders) Act – Whether test under s 41 for an interim detention order is satisfied – Whether test for the appointment of psychiatrists under s 38(5) is satisfied Legislation Cited: Commonwealth Criminal Code, ss 80.2C, 100.1, 474.17, Pt 5.3 Crimes Act 1900 (NSW), s 203C(1) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C Terrorism (High Risk Offenders) Act 2017 (NSW), ss 3, 4, 7, 10, 11, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 Cases Cited: Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 New South Wales v Manners [2008] NSWSC 1242 New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 State of New South Wales v Haouchar [2015] NSWSC 798 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of NSW v Barrie (Final) [2018] NSWSC 1005 State of NSW v Ceissman [2018] NSWSC 508 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Dunn (Defendant) Representation: Counsel: John Agius SC / Surya Palaniappan (Plaintiff) Matthew Johnston SC (Defendant)