State of New South Wales v Monteiro (Final) [2020] NSWSC 881

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Monteiro (Final) [2020] NSWSC 881 Hearing dates: 16 and 17 June 2020 Date of orders: 6 July 2020 Decision date: 08 July 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1 Order that the defendant be subject to extended supervision pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) for 5 years commencing 6 July 2020. 2 Direct that the defendant comply with the 26 conditions in Schedule A to the Extended Supervision Order. Catchwords: HIGH RISK OFFENDERS – final hearing – extended supervision order – interim supervision order previously made – assessment of whether defendant poses an unacceptable risk – extended supervision order imposed with conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Cases Cited: State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350 Monteiro v R [2011] NSWCCA 113 Monteiro v R [2014] NSWCCA 277 Category: Principal judgment Parties: State of New South Wales (plaintiff) Simon Monteiro (defendant) Representation: Counsel: D Kell SC with C McGorey (plaintiff) S Beckett (defendant)

Solicitors: Crown Solicitor's Office (plaintiff) Younes + Espiner (defendant) File Number(s): 2020/70194 Publication restriction: No

Judgment 1. These proceedings were commenced by summons filed on 23 August 2019. By amended summons filed on 15 June 2020 the plaintiff seeks an order for extended supervision of the defendant of 5 years duration under the Crimes (High Risk Offenders) Act 2006 (NSW). After a final hearing on 16 and 17 June 2020 an Extended Supervision Order ("ESO") was made on 6 July 2020, commencing that day and to remain in force for 5 years. Annexed to the order was a schedule 26 conditions imposed under s 11 of the Act. These are the Court's reasons for making the order. 2. On 16 June 2020 an interim order was made under the Court Suppression and Non-Publication Orders Act 2010 (NSW) prohibiting publication of the names of various deponents, persons whose names have been mentioned in the evidence and persons who have made complaints of criminal conduct by the defendant. It was directed that those persons be referred to by pseudonym initials in the course of the proceedings on the summons. On 6 July 2020 those orders were made final. They are necessary to protect the privacy of the individuals concerned, who have no involvement in or control over the proceedings and should not be at risk of embarrassment as a result of incidental publicity. 3. Cavanagh J made an order for interim supervision of the defendant on 3 April 2020: State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350. His Honour also ordered under s 7(4) of the Act that expert reports be furnished to the Court. Such reports, dated 15 May 2020, were duly provided by forensic psychiatrists Dr Kerri Eagle and Dr Richard Furst. The reports are referred to at length below.