State of New South Wales v Rigby (Final) [2021] NSWSC 472

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Rigby (Final) [2021] NSWSC 472 Hearing dates: 22 February 2021 Date of orders: 27 April 2021 Decision date: 05 May 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant shall be subject to an Extended Supervision Order for a period of five years from the date of the order; (2) Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed, for the period of the Extended Supervision Order, to comply with the Conditions as set out in in the Schedule of Conditions of Supervision (attached); (3) Access to the Court's file in respect of any document shall not be granted to a non-party without the leave of a Judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access; (4) Leave is reserved to the defendant to apply to the Court for variation of any condition that interferes with the therapeutic treatment undertaken by the defendant on the recommendation of his treating psychiatrist. Catchwords: HIGH RISK OFFENDERS – Extended Supervision Order – effect of Mental Health Act 2007 (NSW) – unacceptable risk – in the particular facts an Extended Supervision Order appropriate Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW), Div 10 of Pt 3 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5, 6(1), 6(3), 9, 11 Mental Health Act 2007 (NSW), ss 4, 14, 67 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of NSW (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Engert (1995) 84 A Crim R 67 Rigby v R [2006] NSWCCA 205 State of NSW v Ceissman [2018] NSWSC 508 State of New South Wales v Donovan [2015] 90 NSWLR 389; [2015] NSWCA 280 State of NSW v Richardson (Final) [2020] NSWSC 1809 State of New South Wales v Thurston [2018] NSWSC 421 Tillman v Attorney General for the State of New South Wales (2007) 70 NSWLR 448; [2007] NSWCA 327 TSL v Secretary to the Department of Justice (2006) 14 VR 109; [2006] VSCA 199 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (DSM–5), (5th ed, 2013, American Psychiatric Association) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Michael Craig Rigby (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) C Goodhand (Defendant)