State of New South Wales v Lidster (Final) [2020] NSWSC 788

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lidster (Final) [2020] NSWSC 788 Hearing dates: 5 June 2020; 22 June 2020 Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1)(a) Pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant will be subject to an extended supervision order for a period of five years from the date of the order; and (1)(b) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant, for the period of the extended supervision order, is to comply with the conditions set out in the Schedule attached.

(2) Any reports prepared for the purpose of these proceedings, including reports prepared by court-appointed experts, are permitted to be provided to Corrective Services NSW, any agency involved in the defendant's supervision, and the defendant's treating clinician(s) and health care practitioner(s).

(3) Access to the Court's file in these proceedings is to be restricted such that access would be permitted to a non-party only with the leave of a judge of the Court, and with prior notice provided to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: CIVIL LAW – high risk offender – extended supervision order – history of violence against woman – murder – strangulation – sad history of mental health issues – appropriate concessions as to statutory prerequisites – inconsistent attempts at rehabilitation – drug and alcohol problems – dispute over conditions – no question of principle Legislation Cited: Crimes Act 1900 (NSW), s 23A Crimes (High Risk Offenders) Act 2006 (NSW), ss 4, 5A, 5B, 5I, 7, 9, 11 Cases Cited: State of New South Wales v Carr [2020] NSWSC 643 State of New South Wales v Michael Lidster [2020] NSWSC 275 State of New South Wales v Schmidt [2019] NSWSC 764 State of New South Wales v Steven Single [2019] NSWSC 176 State of New South Wales v Stevenson (Final) [2019] NSWSC 778 State of New South Wales v Sturgeon (No. 2) [2019] NSWSC 883 State of New South Wales v Wainwright (Preliminary) [2019] NSWSC 1603 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Michael John Lidster (Defendant) Representation: Counsel: P Aitken (Plaintiff) M Curry (Defendant)