State of New South Wales v Alliband (Final) [2021] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Alliband (Final) [2021] NSWSC 29 Hearing dates: 8 December 2020 Date of orders: 11 December 2020 Decision date: 01 February 2021 Jurisdiction: Common Law Before: Fullerton J Decision: Extended supervision order imposed for 2 years and 6 months Catchwords: HIGH RISK OFFENDER – final hearing – application for extended supervision order – assessment of whether defendant poses an unacceptable risk –extended supervision order imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: State of New South Wales v Arthur Alliband [2020] NSWSC 1585 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Arthur Alliband (Defendant) Representation: Counsel: P Aitken (Plaintiff) S McGee (Defendant)

Solicitors: Crown Solicitor of New South Wales (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2020/199086

Judgment 1. HER HONOUR: By an amended summons dated 23 October 2020, the State of New South Wales (the State) sought a final order under ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act) that the defendant, Arthur Alliband, be subject to an extended supervision order (ESO) for a period of 4 years from the date of that order. At that time, the State sought a further order, under s 11 of the Act, directing the defendant to comply with a series of conditions in the Schedule annexed to the summons. 2. In a further amended summons, filed on 7 December 2020 in advance of the final hearing of the summons, the State modified the orders sought by the amended summons by seeking an ESO of 3 years instead of 4 years. The further amended summons also seeks an order pursuant to s 11 of the Act that the defendant be directed to comply with a range of conditions, itemised in an Amended Schedule of Conditions annexed to the summons.