State of New South Wales v White (No 1) [2018] NSWSC 1064

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v White (No 1) [2018] NSWSC 1064 Hearing dates: 9 July 2018 Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Pursuant to s 24(5) of the Terrorism (High Risk Offenders) Act 2017 ("the Act"), the Court: (a) appoints a qualified psychiatrist and a registered psychologist to conduct separate psychiatric and psychological examinations (as the case may be) 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) directs the defendant to attend those examinations. (2) Pursuant to s 27 of the Act, the defendant be subject to an Interim Supervision Order commencing on 17 July 2018; and (3) Pursuant to s 28(1) of the Act, the Interim Supervision Order be for a period of 28 days; and (4) Pursuant to s 29(1) of the Act, direct that the defendant comply with the conditions set out in the Schedule. (5) Access to the Court's file in this proceeding to a non-party is permitted only with the prior leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: HIGH RISK OFFENDER – Terrorism (High Risk Offenders) Act 2017 (NSW) – interim supervision order agreed – appointment of experts - orders restricting access to the file without prior leave of the Court – disputed conditions – orders made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Summary Offences Act 1988 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Lynn v State of NSW [2016] NSWCA 57 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of NSW v Keith Farringdon [2018] NSWSC 874 Wilde v State of New South Wales [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Ricky White (Defendant) Representation: Counsel: P Agius SC with C McGorey (Plaintiff) DC Smith SC with Mr K Avere (Defendant)