State of New South Wales v Avakian (Preliminary) [2021] NSWSC 245

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Avakian (Preliminary) [2021] NSWSC 245 Hearing dates: 11 March 2021 Date of orders: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: HIGH RISK OFFENDER – extended supervision order – preliminary hearing – past conviction for manslaughter – convicted of index offences of take and detain, and attempted choke – offence of indecent assault taken into account on a Form 1 - extensive criminal record – defendant has psychotic illness and substance abuse disorder as well as antisocial personality disorder – whether requirements under ss 5B and 5I requiring defendant to be a supervised offender are satisfied – where sentence being served at time of application was not served consecutively with sentence for manslaughter - where defendant not serving a sentence of imprisonment for an offence taken into account on a Form 1 – defendant not a supervised offender – where otherwise an ESO would have been justified – summons dismissed STATUTORY INTERPRETATION – whether defendant was a "supervised offender" under the Crimes (High Risk Offenders) Act 2006 - words and phrases - meaning of "consecutively" Legislation Cited: Crimes Act 1900 (NSW) ss 5, 61M Crimes (High Risk Offenders) Act 2006 (NSW) ss 4, 4A, 5A, 5B, 5I, 6, 7, 9 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 32, 33, 35 Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Attorney General for New South Wales v Tillman [2007] NSWCA 119 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Regina v Avakian [2003] NSWSC 1042 State of NSW v Clarke [2019] NSWSC 411 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of NSW v Sturgeon [2019] NSWSC 559 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Danny Avakian (Defendant) Representation: Counsel: S Climo (Plaintiff) E Kerkyasharian (Defendant)