Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:
1. The plaintiff, the State of New South Wales, seeks by summons an order that the defendant, Darryl Luke Smith, be subject to an extended supervision order ("ESO") pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") for a period of three years from the date of the order.
2. In the interim the plaintiff seeks orders pursuant to s 7(4) of the Act for the appointment of two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate examinations of the defendant and to furnish their reports to the Court, as well as an order directing the defendant to attend those examinations. The plaintiff also seeks an Interim Supervision Order ("ISO") against the defendant, pursuant to section 10A of the Act, for a period of 28 days from 5 July 2025, as well as an order pursuant to s 11 of the Act, directing the defendant to comply with certain conditions set out in the schedule to the summons during the period of the ISO. The plaintiff also seeks ancillary relief regarding access to the Court's file.
3. In relation to the matters for determination today, written submissions filed for the defendant and oral submissions at the hearing opposed the making of the orders for assessment and an ISO, and some of the conditions, if an ISO is made. There is no opposition to the restriction to access to the Court's file sought by the plaintiff.
4. As will become apparent, the defendant is in fact in custody refused bail in relation to serious alleged offending resulting in charges laid in November 2024. It is the joint position of the parties that if an order is to be made, I not order now the date by which expert reports are to be provided. The operation of any ISO will be suspended whilst the defendant remains in custody.
The evidence
5. A substantial volume of material was tendered by the plaintiff. This material included:
1) Affidavit of Penelope Smith affirmed on 28 February 2025 together with Exhibit PS-1 (a number of folders of documentary material);
2) Affidavit of Penelope Smith affirmed on 17 March 2025;
3) Affidavit of Yan Lun Loh affirmed on 19 May 2025; and
4) Affidavit of Kelli Grabham affirmed on 19 May 2025.
6. The defendant tendered a further supplementary body of documentary material. This included:
1) Affidavit of Joseph Harding affirmed on 7 May 2025; and
2) Second Affidavit of Joseph Harding affirmed on 7 May 2025 - both annexing documents.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197e2d3acb85d6586b30b90b)
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