State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350 Hearing dates: 23 and 24 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders: (1) Pursuant to s 7(4) of the Act: (a) I appoint two qualified psychiatrists, psychologists (or any combination of such persons) 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. (b) I direct that the defendant attend those examinations. (2) An order: (a) pursuant to s 10A of the Act that the defendant be subject to an interim supervision order from 7 April 2020 ("the interim supervision order"); and (b) pursuant to s 10C(1) of the Act, that the interim supervision order be for a period of 28 days unless renewed on further application by the plaintiff for another period of 28 days or the proceedings are finally determined; and (c) pursuant to s 11 of the Act, direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule to this judgment. (3) Access to the Court's file for any document shall not be granted to a non-party without leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in respect of the application for access. (4) Liberty is granted to the parties to approach the High Risk Offenders List Judge to obtain hearing dates for any application for an extension of the interim order or the final hearing of the matter, and to fix a timetable for the filing and serving of evidence and submissions. Catchwords: HIGH RISK OFFENDERS — preliminary hearing — application for interim supervision order and order for examination by court-appointed psychiatrists or psychologists — where orders opposed by defendant — conditions — test for imposition Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), s 8 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 6, 7, 9, 10A, 10C, 11 Legal Aid Commission Act 1979 (NSW), s 57 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Michael Lidster [2020] NSWSC 275 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wainwright (Preliminary) [2019] NSWSC 1603 State of New South Wales v Wilmott (Preliminary) [2019] NSWSC 776 State of New South Wales v Winters [2007] NSWSC 611 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Simon Monteiro (aka Simon Lowe) (Defendant) Representation: Counsel: D Kell SC with C McGorey (Plaintiff)