NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of NSW v Biber (No 2) (Final) [2021] NSWSC 104 Hearing dates: 12 February 2021 Decision date: 19 February 2021 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) (the Act), the defendant is subject to an extended supervision order ("the extended supervision order") for a period of eighteen months from the date of the order. (2) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, must comply with the conditions annexed to this judgment. Catchwords: HIGH RISK OFFENDER — application for an extended supervision order (ESO) — child sex offender — defendant suffering from a number of physical and psychological difficulties — autism spectrum disorder and cognitive impairment — ESO imposed — duration of order imposed shorter than sought — resolution of disputed conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5D, 11 Cases Cited: CTM v The Queen (2008) 236 CLR 440; [2008] HCA 25 State of NSW v Biber [2021] NSWSC 47 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Biber (Defendant) Representation: Counsel: S Climo (Plaintiff) A Hughes and D Bhutani (Defendant)
Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2020/308697 Publication restriction: Nil
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