State of New South Wales v Cheney [2020] NSWSC 1231

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Cheney [2020] NSWSC 1231 Hearing dates: 19 August 2020 Date of orders: 08 September 2020 Decision date: 10 September 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 17(1)(a) of the Crimes (High Risk Offenders) Act 2006 that Roger David Cheney be subject to an extended Supervision Order for a period of five years. (2) Order pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 that Roger David Cheney for the period of the Extended Supervision Order to comply with the conditions set out in the Schedule to the Amended Summons filed 19 August 2020. (3) Order that access to the file of the Supreme Court shall not be granted to a non-party without the leave of a Judge of the Court. (4) Order that prior to any access being granted to a non-party, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to such access application. (5) Amended Summons filed 19 August 2020 otherwise dismissed. Catchwords: HIGH RISK OFFENDERS — Continuing detention orders — Application – whether a continuing detention order or an extended supervision order is appropriate in the circumstances – serious sexual offender – whether the offender poses an unacceptable risk of committing another serious offence if not kept in detention - s5C(d) Crimes (High Risk Offenders) Act 2006 Legislation Cited: Crimes (High Risk Offenders) Act 2006 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: State of New South Wales (P) Roger David Cheney (D) Representation: Counsel: C McGorey (P) S Hall (D)