State of NSW v Norstead [2019] NSWSC 1095

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Norstead [2019] NSWSC 1095 Hearing dates: 15 August 2019 Decision date: 27 August 2019 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"): (a) Appointing two qualified psychiatrists or a psychiatrist and a psychologist to conduct separate psychiatric or psychological examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be subsequently fixed by the Court; and (b) Directing the Defendant to attend those examinations.

(2) An order pursuant to s 10A of the Act that the Defendant be subject to an interim supervision order from the date of the order for a period of 28 days; and

(3) An order pursuant to s 11 of the Act directing the Defendant to comply with the conditions set out in the Schedule to this judgment of the duration of the interim order referred to in order 2 above. Catchwords: HIGH RISK OFFENDER – sex offender – application for appointment of two psychiatrists/psychologists pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (the Act) – application for interim supervision order (ISO) pursuant to s 10A of the Act – where defendant bail refused on fresh charges – where application for ISO arguably wholly contingent – no controversy about application for psychiatric/psychological examinations – no controversy about application for ISO – consideration of contingent nature of proposed ISO – ISO imposed – discussion of disputed ISO conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 7(4), 10A, 10C(1A), 11 and 13 Children (Criminal Proceedings) Act 1987 (NSW), ss 15A and 15B Category: Principal judgment Parties: State of NSW (Plaintiff) Jason Norstead (a pseudonym) (Defendant) Representation: Counsel: C McGorey (Plaintiff) S Goodwin and S Healy (Defendant)