NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of New South Wales v Carter (Preliminary) [2019] NSWSC 236 Hearing dates: 6 March 2019 Date of orders: 08 March 2019 Decision date: 11 March 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Two qualified psychiatrists or 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 to the Supreme Court on the results of those examinations by a date to be fixed by the Court.
(2) An order directing the defendant to attend upon those examinations.
(3) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), the Defendant is made the subject of an interim supervision order commencing 11 March 2019, for a period of 28 days.
(4) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed to comply with the conditions set out in the Schedule to this judgment for the period of the interim supervision order.
(5) 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. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for Interim Supervision Order Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (High Risk Offenders Amendment) Act 2017 (NSW) Cases Cited: Attorney-General (NSW) v Tillman [2007] NSWCA 119 Cornwall v Attorney-General (NSW) [2007] NSWCA 374 Lynn v NSW (2016) 91 NSWLR 636 NSW v Jones [2018] NSWSC 459 NSW v Barrie (Final) [2018] NSWSC 1005 NSW v Russell [2018] NSWSC 1880 New South Wales v Sotheren (Preliminary) [2018] NSWSC 754 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Neil Carter (a Pseudonym) (Defendant) Representation: Counsel: J Single (Plaintiff) M Johnston SC (Defendant) Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2019/37390 Publication restriction: Nil
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