State of New South Wales v Weribone - [2016] NSWSC 1046

Supreme Court

New South Wales

Medium Neutral Citation: State of New South Wales v Weribone [2016] NSWSC 1046
Hearing dates: 26 July 2016
Date of orders: 26 July 2016
Decision date: 29 July 2016
Jurisdiction: Common Law
Before: Wilson J
Decision:
1. Pursuant to s 15(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) (“the Act”):
a. Dr Jeremy O’Dea, a forensic psychiatrist, and Mr Patrick Sheehan, a forensic psychologist, are appointed to conduct separate examinations of the defendant.
b. The defendant is directed to attend the examinations to be conducted by Dr O’Dea and Mr Sheehan.
c. The experts are to furnish their reports to the Court on the results of their respective examinations by close of business on 29 August 2016.
2. The plaintiff is to file and serve any evidence and submissions upon which it proposes to rely by 12 September 2016.
3. The defendant is to file and serve any evidence and submissions upon which he proposes to rely by 26 September 2016.
4. The matter is listed before the Duty Judge on 29 August 2016 for consideration of an extension of Order 5.
5. Pursuant to s 10B of the Act, the defendant is to be subject for a period of 28 days to a high risk violent offender interim supervision order, to commence on 3 August 2016.
6. Pursuant to s 11 of the Act, I direct that for the period of the interim supervision order, the defendant comply with the conditions set out in the Schedule to this Summons.
7. I make an order permitting any reports prepared for the purposes of Order 1 to be provided to Corrective Services NSW, any agency involved in the defendant’s supervision, and the defendant’s treating clinician(s) or health care practitioner(s).
8. The matter is to be listed for hearing on 12 October 2016 for final determination of the Summons, with an estimate of one day.
9. Liberty to restore the matter on three days’ notice.
10. The defendant is personally excused from attending on 29 August 2016 on the basis that he is legally represented on that day.

Catchwords: CIVIL LAW – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – high risk violent offender - preliminary hearing – appointment of experts to conduct psychiatric examination
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Cases Cited: AW v R [2010] NSWCCA 249
Cornwall v Attorney General for New South Wales [2007] NSWCA 374
Category: Procedural and other rulings
Parties: State of New South Wales (Plaintiff)
Archie Weribone (Defendant)
Representation:
Counsel:
I Fraser (Plaintiff)
M Johnston SC (Defendant)
Solicitors:
Crown Solicitor’s Office (NSW) (Plaintiff)
Legal Aid New South Wales (Defendant)

File Number(s): 2016/206202
Publication restriction: None

Judgment

Archie Weribone is a young man who has experienced much disadvantage in his life. He is also a man who has a history of committing violent crime. He is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading State of New South Wales v Weribone

Details

AGLC: State of New South Wales v Weribone [2016] NSWSC 1046
Case: [2016] NSWSC 1046
Decision Date: 29 July 2016

CaseChat Overview and Summary

The case of State of New South Wales v Weribone involved the state, represented by the Director of Public Prosecutions, and the defendant, Weribone, who was alleged to be a high-risk violent offender. The dispute centred on the application made by the state to have Weribone undergo a psychiatric examination under the provisions of the Crimes (High Risk Offenders) Act 2006 (NSW). The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the state had provided sufficient grounds to justify the appointment of experts to conduct a psychiatric examination of the defendant. The court needed to assess the evidence presented by the state to determine if Weribone indeed posed a significant risk to public safety due to a propensity for violent behaviour. The court also had to consider the appropriate procedural steps under the Act and whether the statutory criteria were met.

In its decision, the court examined the evidence provided by the state, including past criminal history and expert opinions. The court concluded that the state had established a prima facie case that Weribone met the criteria of a high-risk violent offender as defined in the Act. The court emphasised the importance of a thorough psychiatric evaluation to ascertain Weribone’s risk profile accurately. Consequently, the court granted the application and ordered the appointment of experts to conduct the necessary psychiatric examination. The court also set out specific directives to ensure the examination was conducted in a manner consistent with the statutory requirements and the defendant’s rights.

Orders