[2024] NSWSC 719

State of New South Wales v Mackney

(1) Order pursuant to s 7(4) of the Crimes (High Risk) Offenders Act 2006 that two qualified psychiatrists or two registered psychologists (or a combination of such persons) be appointed to conduct separate examinations of Jaysen Mackney and to furnish reports to the Supreme Court on the results of those examinations by 1 September 2024. (2) Direct Jaysen Mackney to attend those examinations. (3) Order pursuant to s 10A of the Act that Jaysen Mackney be subject to an interim supervision order for a period of 28 days from 17 June 2024. (4) Direct pursuant to s 11 of the Act that Jaysen Mackney, for the period of the interim supervision order, including the period of any extension of that order, comply with the conditions set out in the Schedule to these reasons. (5) Grant liberty to the parties to apply on 24 hours’ notice.

Catchwords

HIGH RISK OFFENDERS – application for interim supervision order – serious violence offences – interim orders made

Legislation cited

Crimes (High Risk Offenders) Act 2006 (NSW), § 5A, 5B, 7, 10A, 10C, 11
Evidence Act 1995 (NSW), § 191

Judgment

[1]
HIS HONOUR: By summons filed on 14 March 2024, the State of New South Wales seeks orders against Jaysen Mackney pursuant to various provisions of the Crimes (High Risk) Offenders Act 2006. For present purposes, the State seeks only the appointment of two experts to examine Mr Mackney pursuant to s 7(4) of the Act and an interim supervision order pursuant to ss 10A, 10C, and 11 of the Act from 17 June 2024 for a period of 28 days, subject to compliance with conditions.
[2]
The parties have prepared a statement of agreed facts pursuant to s 191 of the Evidence Act 1995. That statement reveals that Mr Mackney has a criminal history of violent offences dating back to February 2014 when he was aged 17. Mr Mackney had been in custody for all of his adult life until his release to parole on 18 June 2023. His parole was revoked following his arrest on 24 January 2024 for an assault occasioning actual bodily harm allegedly committed on 12 December 2023. Mr Mackney is bail refused in respect of those alleged offences, which are currently before the Local Court. His current sentence of imprisonment expires on 17 June 2024.
[3]
It is not in dispute that Mr Mackney has convictions for a “serious violence offence” as that expression is understood for the purposes of s 5A(1) of the Act.
[4]
Section 5B of the Act is in these terms:
[5]
The State relies in this application upon the affidavits of Stephanie Breen affirmed on 12 April 2024 and 5 June 2024, as well as the affidavit of Dominic Wilcox-Watson sworn on 12 March 2024. These affidavits were read without objection.
[6]
Mr Mackney concedes, uncontroversially in the circumstances having regard to the evidence upon which the State relies, that the requirements of s 5B(a), (b) and (c) have been met. I agree that that concession is properly made. Mr Mackney also accepts, and I am otherwise independently satisfied to a high degree of probability, having regard to that evidence, that he poses an unacceptable risk of committing another serious offence if not kept under supervision under an interim supervision order.
[7]
Although the parties were initially at odds with respect to the appropriateness of some of the conditions sought by the State, those differences have now been resolved. In these circumstances, I am able to make, and I consider that I should make, the following orders:
1. (1)
  Order pursuant to s 7(4) of the Crimes (High Risk) Offenders Act 2006 that two qualified psychiatrists or two registered psychologists (or a combination of such persons) be appointed to conduct separate examinations of Jaysen Mackney and to furnish reports to the Supreme Court on the results of those examinations by 1 September 2024.
2. (2)
  Direct Jaysen Mackney to attend those examinations.
3. (3)
  Order pursuant to s 10A of the Act that Jaysen Mackney be subject to an interim supervision order for a period of 28 days from 17 June 2024.
4. (4)
  Direct pursuant to s 11 of the Act that Jaysen Mackney, for the period of the interim supervision order, including the period of any extension of that order, comply with the conditions set out in the Schedule to these reasons.
5. (5)
  Grant liberty to the parties to apply on 24 hours’ notice.