State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wilmot (Preliminary) [2019] NSWSC 776 Hearing dates: 17 and 21 June 2019 Date of orders: 24 June 2019 Decision date: 24 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) appoint one qualified psychiatrist and one registered psychologist, to conduct separate psychiatric or psychological examinations of 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) direct the Defendant to attend those examinations. (2) Pursuant to s 18A of the Act that the Defendant be subject to an interim ''detention order from 26 June 2019 for a period of 28 days. (3) 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. Note that on 17 June 2019, the following order was made: (1) Access to the Supreme Court's file is restricted in respect of this proceeding such that access would only be permitted to a non-party with leave of a judge of the Court, and only after the parties have had notice of the non-party's application for access and have been afforded an opportunity to be heard. Catchwords: HIGH RISK OFFENDER – serious sex offences – preliminary hearing – interim orders sought – interim detention order made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Child Protection (Offenders Registration) Act 2000 Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Mental Health Act 2007 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Attorney General for New South Wales v Winters [2007] NSWSC 611 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2015] NSWCA 57 State of New South Wales v Jones [2018] NSWSC 459 State of New South Wales v Lynn [2013] NSWSC 1147 State of New South Wales v Pacey (Final) [2015] NSWSC 1983 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sturgeon [2019] NSWSC 559 State of NSW v Ceissman [2018] NSWSC 508 State of New South Wales v Donovan (2015) 90 NSWLR 389; [2015] NSWCA 280 State of New South Wales v Fisk [2013] NSWSC 364 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Wilmot v R [2007] NSWCCA 30 State of NSW v French (Final) [2017] NSWSC 1475 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Wayne Wilmot (Defendant) Representation: Counsel: D Kell SC with E Sullivan (Plaintiff) P White (Defendant)