State of New South Wales v Loto [2018] NSWSC 1522

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Loto [2018] NSWSC 1522 Hearing dates: 12 September 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Common Law Before: Rothman J Decision: The Court orders that:

(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 any combination of such persons) be appointed to conduct separate psychiatric or psychological 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) The defendant attend those examinations.

(2) (a) Pursuant to s 10A of the Act, the defendant be subject to an Interim Supervision Order from 11 October 2018 for a period of 28 days ("the Interim Supervision Order"); and (b) Pursuant to s 11 of the Act, the defendant, for the period of the Interim Supervision Order, comply with the conditions set out in Schedule A.

(3) Access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access.

(4) Each party has liberty to make application, within 7 days, to address a Condition in Schedule A not previously addressed. Catchwords: HIGH RISK OFFENDER – Interim Order Sought and obtained – No issues of principle – Question of whether risk is "unacceptable" – Question whether Court should, in its discretions, make orders – Orders made. Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 State of NSW v Ceissman [2018] NSWSC 508 Category: Procedural and other rulings Parties: State of New South Wales (for the Attorney General of New South Wales) (Plaintiff) Francis Loto (Defendant) Representation: Counsel: J S Emmett (Plaintiff) D Carroll (Defendant)