State of NSW v Guider [2019] NSWSC 646

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Guider [2019] NSWSC 646 Hearing dates: 27 May 2019 Decision date: 04 June 2019 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2005 (NSW) (the Act):

(a) Appointing one qualified psychiatrist and one registered psychologist to conduct separate psychiatric or psychological examinations of Mr Michael Anthony Guider, the Defendant, as appropriate, and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the Defendant to attend those examinations.

(2) An order pursuant to s 18A of the Act that the Defendant is subject to an interim detention order from 6 June 2019 for a period of 28 days.

(3) An order pursuant to s 20(1) of the Act that the Court issue a warrant for the committal of the Defendant to a correctional centre for the duration of the interim order referred to in order 2 above. Catchwords: HIGH RISK OFFENDER – compulsive child sex offender also convicted of manslaughter – application for interim detention order (IDO) – application for mandatory psychiatric and psychological examinations – discussion of whether community safety is paramount consideration in application for IDO in accordance with s 18A of the Crimes (High Risk Offender) Act 2006 (NSW) – consideration of whether defendant has overcome sexual attraction to children – significance of the denial of unlawful killing by defendant – applications granted Legislation Cited: Crimes (High Risk Offender) Act 2006 (NSW), ss 3(2), 7(4), 10A,15(4),17(2) and 18A Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119; Attorney-General for NSW v Winters [2007] NSWSC 611; State of New South Wales v Sturgeon [2019] NSWSC 559 Category: Principal judgment Parties: State of NSW (Plaintiff) Guider (Defendant) Representation: Counsel: David Kell SC & Joanna Davidson (Plaintiff) Matthew Johnston SC & Georgia Lewer (Defendant)