State of New South Wales v Sturgeon [2019] NSWSC 559

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Sturgeon [2019] NSWSC 559 Hearing dates: 03 May 2019 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) appoint two qualified psychiatrists, psychologists (or any combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations forthwith upon the conclusion of the examination; (b) direct the defendant to attend those examinations. (2) Order pursuant to s 18A of the Act that the defendant be detained for a period of 28 days commencing on 4 June 2019 and concluding on 2 July 2019. (3) Order pursuant to s 20(1) of the Act that a warrant for the committal of the defendant to a correctional centre for the period of 28 days specified in Order (2), be issued. (4) Order that access to the Court's file for any documents shall not be granted to a non-party without 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. (5) Stand the proceedings over for further directions to the Registrar's list on Monday 17 June 2019. Catchwords: HIGH RISK OFFENDER – serious sex offender - extended supervision order and continuing detention order preliminary hearing - limited nature of the test to be undertaken at preliminary hearing – whether the matters alleged in the supporting documentation would, if proved, justify the making of an ESO or CDO – pre-conditions for the making of an interim detention order established Legislation Cited: Crimes (High Risk Offenders) Act 2006 Child Protection (Offenders Registration) Act 2000 Supreme Court Act 1970 Cases Cited: Attorney-General for NSW v Tillman [2007] NSWCA 119 Attorney-General for NSW v Winters [2007] NSWSC 611 State of New South Wales v Elomar (No.2) [2018] NSWSC 1034 State of NSW v Clarke [2019] NSWSC 411 State of NSW v Stevenson (Preliminary) [2019] NSWSC 492 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: State of New South Wales (P) Mark Douglas Sturgeon (D) Representation: Counsel: C McGorey (Crown) M Avenell (D)