NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of New South Wales v Strong, Robert [2018] NSWSC 1113 Hearing dates: 11 July 2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Common Law Before: Latham J Decision: I am well satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order.
Accordingly, I make the following orders:-
(1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) Two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales by 29 August 2018. (b) The defendant is directed to attend the examinations in order 1a. (2) Pursuant to s 10A of the Act the defendant is made the subject of an interim supervision order commencing on 28 July 2018, for a period of 28 days. I note that the timetable which has been agreed upon between the parties for the purposes of a final hearing requires two further extensions of the interim supervision order and it is agreed that such applications for extensions may be made to a judge in Chambers. Accordingly, the parties have leave to approach the Registrar of the Court for that purpose; (3) Pursuant to s 11 of the Act the defendant is directed to comply with the conditions set out in the schedule to this order for the period of the interim supervision order. (4) The matter is listed for final hearing during the week of 15 October 2018. (5) The plaintiff is to file and serve any further evidence by 7 September 2018. (6) The plaintiff is to file and serve written submissions by 14 September 2018. (7) The defendant is to file and serve any evidence and written submissions by 28 September 2018. (8) Access to the Court's file by a non-party in respect of any document shall not be granted without the prior notification to the parties of the non-party's application for access, and without the leave of a Justice of the Court. (9) Liberty to restore on 3 days' notice is granted. Catchwords: CRIMINAL LAW – interim hearing – whether an interim supervision order should be made – whether matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 3, 5B, 5D, 7(4), 9, 10A, 11 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of NSW [2016] NSWCA 57 State of NSW v Golding (Preliminary) [2018] NSWSC 1041 State of NSW v Strong [2016] NSWSC 1041 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Robert Strong (Defendant) Representation: Counsel: Mr C McGorey (Plaintiff) Ms A Hawkins (Defendant)
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