State of New South Wales v Windle (No 6) (Final) [2020] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Windle (No 6) (Final) [2020] NSWSC 753 Hearing dates: 3 June 2020 Decision date: 18 June 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) An order pursuant to s 5B and 9(1) of the CHRO Act, that the defendant be the subject of an Extended Supervision Order for a period of 3 years from the date of this Order.

(2) An order that pursuant to s 11 of the CHRO Act, directing that the defendant for the period of the ESO comply with the conditions set out in Annexure "A" hereto.

(3) An order that access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court and if application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: HIGH RISK OFFENDER – application for further extended supervision order – preconditions under s 5B of the Act satisfied – diagnoses of personality disorder and various psychotic disorders – episodes of self-harming and hearing voices – breaches of existing ESO – offender posed a high risk of committing further serious offences involving violence – opinions placing the offender into the high risk category of violent offending – offender constituting unacceptable risk to the community – further ESO made – discussion of what conditions should form part of the ESO – some changes made to standard form conditions. Legislation Cited: Crimes Act 1900 (NSW) – s 29, s 97(1) Crimes (High Risk Offenders) Act 2006 (NSW) – ss 4A, 5A, 5B, 5D, 5I, 7, 9, 11 Mental Health Act 2007 (NSW) – s 19 Mental Health (Forensic Provisions) Act 1990 (NSW) – s 55 Cases Cited: State of New South Wales v Windle [2016] NSWSC 1816 State of New South Wales v Windle (No 2) [2017] NSWSC 94 State of New South Wales v Windle (No 3) [2017] NSWSC 727 State of New South Wales v Windle (No 4) [2017] NSWSC 1155 State of New South Wales v Windle (No 5) [2020] NSWSC 385 Category: Principal judgment Parties: State of New South Wales – Plaintiff Andrew Robert Windle – Defendant Representation: Counsel: C McGorey – Plaintiff E Kerkyasharian - Defendant