State of New South Wales v AA [2020] NSWSC 692

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v AA [2020] NSWSC 692 Hearing dates: 21 May 2020 Date of orders: 21 May 2020 Decision date: 04 June 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1. Order that, pursuant to ss. 5C and 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 AA be the subject of a continuing detention order for a period of 12 months from 21 May 2020. 2. Order that, pursuant to s. 20(1) of the Crimes (High Risk Offenders) Act 2006, a warrant be issued for the committal of AA to a correctional centre for a period of 12 months from 21 May 2020. Catchwords: HIGH RISK OFFENDER – application for continuing detention order – defendant convicted as a juvenile of serious sexual offences – long history of exposure to and participation in violence – serious sex offences at age 13 and age 16 – no experience in the community as an adult – poor history of compliance with supervision – poor institutional history – failure to complete therapeutic programmes in custody - concession as to unacceptability of risk – question as to whether the defendant poses an unacceptable risk to the community if not kept in detention - whether supervision in the community is sufficient – nature of conditions of supervision – limitations upon supervision – order made Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Decision restricted [2020] NSWSC 172 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales AA Representation: Counsel: Ms J Davidson (Plaintiff) Mr E.W.L Anderson (Defendant)