State of New South Wales v Joensen (Preliminary) [2019] NSWSC 1106

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Joensen (Preliminary) [2019] NSWSC 1106 Hearing dates: 8 August 2019 Decision date: 28 August 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an interim supervision order from 29 August 2019 for a period of 28 days.

(2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed to comply with the conditions of the interim supervision order which are set out in the Schedule to this judgment.

(3) Pursuant to s 7(4)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are 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.

(4) Pursuant to s 7(4)(b) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed to attend those examinations.

(5) Access to the Court's file by a non-party in respect of any document will only be granted with the leave of a Judge of the Court and only after the parties have been given 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 Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5D, 7, 9, 10A, 11 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Adrian Scott Joensen (Defendant) Representation: Counsel: K Curry (Plaintiff) S Hall (Defendant)