State of New South Wales v Carr [2020] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Carr [2020] NSWSC 643 Hearing dates: 26 May 2020 Date of orders: 26 May 2020 Decision date: 26 May 2020 Jurisdiction: Common Law Before: Hamill J Decision: Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the extended supervision order made by Hall J on 14 August 2009 is revoked. Catchwords: CIVIL LAW – high risk offender – revocation of extended supervision order – 5 year order still in force after 11 years – Aboriginal offender – proud Wiradjuri man – mild intellectual disability – no serious offence in 19 years – where repeated minor breaches result in incarceration – smoking cannabis – breaching curfew – multiple gaol sentences imposed – punitive impact of ESO – protective purpose not served – counterproductive to rehabilitative purpose – failure toppling successes – Steinbeck – change of circumstances – ESO no longer necessary – order revoked Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 10,13 Crimes (Serious Sex Offenders) Act 2006 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth), s 20 Cases Cited: R v Wilhem [2010] NSWSC 378 State of New South Wales v Bugmy [2017] NSWSC 855 State of New South Wales v Carr [2014] NSWSC 1348 Texts Cited: John Steinbeck, The Grapes of Wrath (William Heinemann Ltd, 1939) chp 25 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Darryl Edward Carr (Defendant) Representation: Counsel: D New (Plaintiff)