State of New South Wales v Cook [2018] NSWSC 1386

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cook [2018] NSWSC 1386 Hearing dates: 2, 3 & 28 August 2018 Decision date: 11 September 2018 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (the Act): (a) Appointing two qualified psychiatrists, psychologists (or any combination of such persons) to conduct separate 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: (a) Pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order from 13 September 2018 ("the interim supervision order"); and (b) Pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days unless renewed on further application by the plaintiff for another period of 28 days or the proceedings are finally determined; and (c) Pursuant to s 11 of the Act directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this judgment. (3) An order that access to the Court's file for any document shall not be granted to a non-party without 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. (4) Parties have leave to approach the Associate to Bellew J regarding a date for final hearing. Catchwords: HIGH RISK OFFENDER – serious sex offender – application for interim supervision order pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – no controversy about making of order – dispute limited to conditions imposed – interim supervision order imposed – discussion of appropriate orders imposed Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), s 10A Category: Principal judgment Parties: State of New South Wales (Plaintiff) Daryl Norman Stanley Cook (Defendant) Representation: Counsel: D New (Plaintiff) A Cook (Defendant)