State of NSW v NW (Preliminary) [2019] NSWSC 999

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v NW (Preliminary) [2019] NSWSC 999 Hearing dates: 17 April 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006: (a) Dr Anthony Samuels and Jenny Howell be appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations of the defendant to the Supreme Court of New South Wales by a date agreed by the parties; (b) Direct the defendant to attend an appointment with Dr Anthony Samuels at a time agreed by the parties; (c) Direct the defendant to attend an appointment with Jenny Howell at a time agreed by the parties. Catchwords: HIGH RISK OFFENDER – preliminary hearing – where defendant convicted of sex offences – whether specialists should be appointed to examine the defendant – where defendant consents to the appointment of specialists Legislation Cited: Child Protection (Offenders Registration) Act 2010 NSW, s 17(1) Commonwealth Criminal Code, s 474.19(1) Crimes (High Risk Offenders) Act 2006 NSW, ss 5B, 6(1), 7(4) Crimes Act 1900 NSW, ss 61A, 61M(1) Cases Cited: State of New South Wales v KAS (Preliminary) [2019] NSWSC 924 State of New South Wales v PS [2018] NSWSC 504 State of New South Wales v Sturgeon [2019] NSWSC 559 State of NSW v NW [2019] NSWSC 415 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) NW (Defendant) Representation: Counsel: D New (Plaintiff) S Goodwin (Defendant)