State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116 Hearing dates: 27 August 2019 Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Common Law Before: Johnson J Decision: (1) Pursuant to s. 7(4) of the Crimes (High Risk Offenders) Act 2006: (a) two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the Defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales by a date to be fixed; and (b) the Defendant is directed to attend the examinations in order (1)(a). (2) Pursuant to s.10A Crimes (High Risk Offenders) Act 2006, the Defendant is made the subject of an interim supervision order for a period of 28 days. (3) Pursuant to s. 11 Crimes (High Risk Offenders) Act 2006, the Defendant is directed to comply with the conditions set out in the schedule below for the period of the interim supervision order. (4) The matter is listed for directions before the List Judge on a date to be fixed. (5) Access to the Court's file by a non-party in respect of any document shall not be granted without prior notice to the parties of the non-party's application for access, and without the leave of a Justice of the Court. (6) Liberty to restore on three days' notice. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order and for examination by court-appointed psychiatrist and psychologist – Defendant currently serving parole for index offences committed in 2005 – where Defendant does not contest making of interim supervision order or examination – Court remains obliged to exercise function under Crimes (High Risk Offenders) Act 2006 – Court satisfied that an ISO should be made with associated orders for examination – application allowed Legislation Cited: Child Protection (Offenders Registration) Act 2000 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 R v Dickson [2007] NSWDC 186 State of New South Wales v KAS (Preliminary) [2019 NSWSC 924 State of New South Wales v Manners [2008] NSWSC 1242 Texts Cited: --- Category: Principal judgment Parties: State of New South Wales (Plaintiff) Kenneth Neville Dickson (Defendant) Representation: Counsel: Mr I Fraser (Plaintiff) Dr A Hughes (Defendant)