State of New South Wales v Dillon

[2018] NSWSC 780

Supreme Court

New South Wales

Medium Neutral Citation:	State of New South Wales v Dillon [2018] NSWSC 780
Hearing dates:	28 May 2018
Date of orders:	28 May 2018
Decision date:	28 May 2018
Jurisdiction:	Common Law
Before:	Schmidt J
Decision:	Agreed consent orders made.
Catchwords:	HIGH RISK SEX OFFENDER – application by State for extended supervision orders – agreed consent orders in relation to psychiatrists’ assessments and necessary steps for the preparation for final hearing – order made restricting access to file, except with prior notice to parties to allow them an opportunity to be heard
Legislation Cited:	Crimes (High Risk Offenders) Act 2006 (NSW)
Cases Cited:	State of New South Wales v Dillon [2016] NSWSC 256
Category:	Procedural and other rulings
Parties:	State of New South Wales (Plaintiff) James Gilbert Scott Dillon (Defendant)
Representation:	Counsel: Mr P Aitken (Plaintiff) Ms A Cook (Defendant)   Solicitors: Crown Solicitor’s Office (Plaintiff) Legal Aid NSW (Defendant)
File Number(s):	2018/98480
Publication restriction:	Nil

EX TEMPORE Judgment

1. HER HONOUR: The defendant Mr Dillon is subject to an extended supervision order made by Hidden J in August 2014 which is due to expire on 16 August 2018, in circumstances where he earlier had been convicted of a number of sex offences against children: see State of New South Wales v Dillon [2016] NSWSC 256. There is no issue that Mr Dillon has since been convicted of breaches of that order on four separate occasions. The State has now applied for the making of a second extended supervision order which has been listed for hearing on 10 August 2018.

2. There is also no issue that the application has been made within the time prescribed by the Crimes (High Risk Offenders) Act2006 (NSW), or that this Act applies to Mr Dillon, given his record and Justice Hidden's orders.

3. The application is supported by affidavits sworn by Mr Butler, a solicitor employed by the Crown Solicitor in March and May 2018, as well written submissions which address the statutory requirements which fall on the State under the Crimes (High Risk Offenders) Act. Before the Court also are written submissions advanced for Mr Dillon.

4. Annexed to Mr Butler's affidavits are relevant documents including documents revealing Mr Dillon's criminal record; psychiatric history; and risk assessment reports, including further risk assessment reports in respect of Mr Dillon prepared in July and October 2017 in anticipation of this application. There identified are the bases of ongoing concerns about Mr Dillon's risk of further sexual offending and the management of the risks of further sexual offending which he is considered to continue to pose.

5. In the submissions prepared for Mr Dillon various concessions are made as to relevant matters, including that the Crimes (High Risk Offenders) Act applies to Mr Dillon; that he is an “offender” as defined s 4A; and a “supervised offender” within s 5I(2)(b), and that for the purpose of a preliminary hearing, on the material relied on by the State, he poses an unacceptable risk of committing another serious offence, if not kept under supervision.

6. In the circumstances, there was also no issue between the parties that while it was not necessary to make any interim supervision orders, given the pending final hearing date, the Court should now make orders in agreed terms in relation to Mr Dillon's assessment by psychiatrists under s 7(4) of the Crimes (High Risk Offenders) Act, as well as the steps necessary to take by the parties for the preparation for the final hearing. An order restricting access to the file, except with prior notice to the parties, to allow them an opportunity to be heard in relation to the application, has also been agreed.

7. In the circumstances presently before the Court and on the material to which I have made reference, I am satisfied that the orders should be made by consent, in the agreed terms, the Court having power to make orders in these terms and it being just in the circumstances that they be made. Accordingly, I make orders in terms of MFI 1 as amended:

1. An order pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 ("the Act"):

1. Appointing two qualified psychiatrists to be agreed by the parties to conduct separate psychiatric examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by 11 July 2018;

2. Directing the defendant to attend those examinations.

2. The Plaintiff is to file and serve affidavits and submissions for final hearing by 31 July 2018.

3. The Defendant is to notify the Plaintiff if any witnesses are required for final hearing by 3 August 2018.

4. The Defendant is to file and serve any affidavits and submissions for the final hearing by 8 August 2018.

5. The matter is listed for final hearing on 10 August 2018 at 12pm.

6. Liberty to relist on 1 day's notice.

7. An order restricting access to the Court's file in this proceeding such that access would be permitted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access.

8. The parties to have liberty to approach in the event that a second available psychiatrist cannot be located, that liberty to be exercised within 48 hours.

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Decision last updated: 28 May 2018