State of New South Wales v Davis (No 2) [2021] NSWSC 625

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Davis (No 2) [2021] NSWSC 625 Hearing dates: 2 June 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to ss. 10A and 10C(1) of the Crimes (High Risk Offenders) Act 2006, that the interim supervision order made by his Honour Justice Hoeben CJ at CL on 18 June 2020 (and which commenced on 13 April 2021 for a period of 28 days, which expired on 11 May 2021) is renewed for a further period of 28 days, to be re-instated immediately. 2. An order pursuant to s 11 of the Act, directing that the defendant for the period of the interim supervision order, comply with the conditions set out in Annexure "A" to the judgment of his Honour Justice Hoeben, CJ at CL in State of New South Wales v Davis (Preliminary) [2020] NSWSC 754. Catchwords: HIGH RISK OFFENDER – application for renewal of Interim Supervision Order – where ISO made 12 months earlier – where defendant incarcerated since ISO first made – whether sufficient evidence at time renewal was sought to justify renewal of the ISO – where final hearing was imminent Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) s 13 Crimes (High Risk Offenders) Act 2006 (NSW) ss 7, 10A, 10C, 11 Cases Cited: State of New South Wales v Davis (Preliminary) [2020] NSWSC 754 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Stephen Davis (Defendant) Representation: Counsel: J Davidson (Plaintiff) A Hughes (Defendant)