State of New South Wales v KAS (Preliminary) [2019] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v KAS (Preliminary) [2019] NSWSC 924 Hearing dates: 16 July 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Common Law Before: Johnson J Decision: The following orders are made: 1. an order pursuant to s.7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act") appointing a psychiatrist and a psychologist 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 those examinations; 3. an order pursuant to s.10A of the Act that the Defendant be subject to an interim supervision order from 27 July 2019 for a period of 28 days; 4. an order pursuant to s.11 of the Act directing that the Defendant comply with the conditions of the interim supervision order which are set out in the Schedule to this judgment; 5. an order restricting access to the Supreme Court file in respect of this proceeding so that access will only be permitted to a non-party with the 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 - preliminary hearing - application for interim supervision order and for examination by court-appointed psychiatrist and psychologist - Defendant currently subject to three-year extended supervision order imposed in 2012 - 2012 order suspended on occasions between 2012 and 2017 as a result of sentences of imprisonment - Defendant demonstrating reasonable compliance since February 2018 - construction and operation of ss. 5B, 7(4) and 10A of the Crimes (High Risk Offenders) Act 2006 - whether orders should be made after preliminary hearing - orders made Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Child Protection (Offenders Registration) Act 2000 Civil Procedure Act 2005 Crimes (High Risk Offenders) Act 2006 Crimes (Serious Sex Offenders) Act 2006 Interpretation Act 1987 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Buttrose v Attorney General of NSW (2015) 324 ALR 562; [2015] NSWCA 221 Cornall v AB (A Solicitor) [1995] 1 VR 372 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 Brookes [2008] NSWSC 150 State of New South Wales v KAS [2012] NSWSC 1139 State of New South Wales v Manners [2008] NSWSC 1242 State of New South Wales v Schmidt [2019] NSWSC 764 State of New South Wales v Stevenson (Final) [2019] NSWSC 778 State of New South Wales v Sturgeon (No. 2) [2019] NSWSC 883 State of New South Wales v TT (Final) [2018] NSWSC 358 State of New South Wales v WT [2019] NSWSC 812 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Texts Cited: --- Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) KAS (Defendant) Representation: Counsel: Ms S McGee (Plaintiff) Mr M Johnston SC (Defendant)