State of New South Wales v KML (Preliminary) [2019] NSWSC 388

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v KML (Preliminary) [2019] NSWSC 388 Hearing dates: 5 April 2019 Decision date: 09 April 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 20 April 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 OFFENDERS – preliminary hearing – application for interim supervision order – application not opposed – order made – conditions Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Serious Sex Offenders) Act 2006 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) KML (Defendant) Representation: Counsel: D New (Plaintiff) M Fernando (Defendant)