State of New South Wales v Bowen (Preliminary) [2019] NSWSC 570

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bowen (Preliminary) [2019] NSWSC 570 Hearing dates: 3 May 2019 Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) Two qualified psychiatrists or registered psychologists (or one of each such persons) as agreed by the parties are appointed to conduct separate psychiatric or psychological examinations of the defendant and are to furnish reports to the Supreme Court on the results of those examinations by a date to be agreed by the parties.

(2) The defendant is directed to attend those examinations.

(3) The defendant is to be the subject of an interim supervision order from midnight on 31 May 2019.

(4) The interim supervision order is to be for a period of 28 days.

(5) The defendant is to comply with the conditions set out in the Schedule to these reasons for judgment for the period of the interim supervision order.

(6) Access to the Court's file 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.

(7) 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.

(8) Liberty is granted to the parties to apply on one day's notice in relation to order 1 if the parties cannot reach agreement for the purposes of that order. Catchwords: HIGH RISK OFFENDERS – application for extended supervision order – preliminary hearing – whether high degree of probability that offender posed unacceptable risk of committing another serious offence on assumption that allegations in supporting documentation proved – interim supervision order and examination order made – no point of principle Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Evidence Act 1995 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v Ley Thomas Baker (No 2) [2015] NSWSC 483 State of New South Wales v McGee (Preliminary) [2019] NSWSC 53 State of New South Wales v McQuilton (Final) [2019] NSWSC 265 State of New South Wale v Steven Single [2019] NSWSC 176 State of New South Wales v Weribone [2016] NSWSC 1474 State of New South Wales v White (Final) [2018] NSWSC 1943 State of NSW v Farringdon [2018] NSWSC 874 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Stephen Michael Bowen (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Ms F Graham (Defendant)