State of New South Wales v Daniel Anthony McQuilton [2018] NSWSC 1752

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Daniel Anthony McQuilton [2018] NSWSC 1752 Hearing dates: 7 November 2018 Date of orders: 15 November 2018 Decision date: 15 November 2018 Before: Wilson J Decision: The following orders are made:

(1) Pursuant to s.7(4) Crimes (High Risk Offenders) Act 2006 ("the HRO Act") two qualified psychiatrists, or psychologists, or a combination of both, as agreed between the parties, are 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. (2) The defendant is directed to attend those examinations. (3) Pursuant to ss.10A and 10C(1) of the HRO Act the defendant is subject to an Interim Supervision Order for a period of 28 days commencing on 16 November 2018. (4) Pursuant to s.11 of the HRO Act the defendant is directed to comply with the conditions of the Interim Supervision Order which are set out in the schedule attached to these orders. (5) Liberty is granted to the parties to approach the Common Law list clerk to obtain hearing dates for any application for an extension of the interim order, for the final hearing of the matter, and to fix a timetable for the filing and serving of evidence and submissions. (6) Access to the Court's file in these proceedings is restricted, such that access will 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. (7) Liberty to the parties is granted 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 aggravated sexual assault –extended supervision order previously made – order due to expire – question of the need for a further order - criminal history includes numerous convictions for breaches of supervision orders - poor history of compliance with supervisory conditions – previous revocation of parole - interim supervision order made together with order for examination by two psychiatrists or psychologists Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) 1999 (NSW) Cases Cited: New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 State of New South Wales v McQuilton [2014] NSWSC 11 Category: Principal judgment Parties: State of New South Wales Daniel Anthony McQuilton Representation: Counsel: Ms D New (Plaintiff) Mr M Johnston SC (Defendant)