State of New South Wales v BG (Preliminary) [2018] NSWSC 1694

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v BG (Preliminary) [2018] NSWSC 1694 Hearing dates: 6 November 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Jurisdiction: Common Law Before: Johnson J Decision: (a) An order is made pursuant to s.7(4) Crimes (High Risk Offenders) Act 2006 ("the HRO Act") appointing two qualified psychiatrists or psychologists, or a combination of both, 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. (b) An order is made directing the Defendant to attend those examinations. (c) An order is made pursuant to ss.10A and 10C(1) of the HRO Act that the Defendant is subject to an Interim Supervision Order for a period of 28 days commencing today, 6 November 2018 - the commencement of the Interim Supervision Order is suspended by operation of s.10C of the HRO Act until such time as the Defendant is no longer held in lawful custody.

(d) An order is made pursuant to s.11 of the HRO Act directing that the Defendant comply with the conditions of the Interim Supervision Order which are set out in the attached schedule. (e) An order is made restricting access to the Court's file in this proceeding such that access would be permitted to a non-party only with the 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. (f) An order is made granting liberty to the parties to apply to the High Risk Offenders List Judge for any orders arising from the orders made today. Catchwords: HIGH RISK OFFENDER - serious sex offender – preliminary hearing – application for interim supervision order and for examination by court-appointed psychiatrists or psychologists – "serious sex offence" of having sexual intercourse with a person under the age of 10 years in 2003 – criminal history includes other sexual offences - chequered history of compliance with supervisory conditions – parole revoked following release on parole in June 2018 - interim supervision order made together with order for examination by two psychiatrists or psychologists Legislation Cited: Child Protection (Offender Registration) Act 2000 Children (Criminal Proceedings) Act 1987 Court Suppression and Non-Publication Order Act 2010 Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Cases Cited: New South Wales v Cook [2018] NSWSC 1386 New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 Texts Cited: --- Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) BG (Defendant) Representation: Counsel: Mr T Hammond (Plaintiff) Ms A Cook (Defendant)