State of New South Wales v Currie (Final) [2021] NSWSC 676

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Currie (Final) [2021] NSWSC 676 Hearing dates: 3 June 2021 Date of orders: 10 June 2021 Decision date: 10 June 2021 Jurisdiction: Common Law Before: Walton J Decision: The parties shall file and serve any further submissions as to condition 4 by 10.00am on Friday, 11 June 2021. Upon receipt of those submissions, the Court shall provide to the parties the ruling of the Court as to that condition without further reasons for judgment (unless reasons are requested by the parties). Upon the receipt of that ruling, the State shall bring in short minutes of order reflecting this judgment and the Court's ruling. In the event the parties reach an agreement as to the proper approach to condition 4 then that agreement shall be communicated to the Court by 10.00am on Friday, 11 June 2021, together with short minutes of order reflecting this judgment and that agreement. If appropriate, the Court will make orders in the terms proposed. Catchwords: CIVIL – high risk offender – application for extended supervision order – s 5B(d) – unacceptable risk – assessment must be absent the existence of "protective measures" – the Court is to take into account that which would be applicable in the absence of an ISO or ESO – National Disability Insurance Scheme support package applicable to defendant – NDIS support package as an "indirect" means of risk management – imposition of extended supervision order – duration – conditions – directions Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Currie v R [2013] NSWCCA 267 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Currie [2002] NSWCCA 126 R v Currie (Unreported, Court of Criminal Appeal, 31 October 1997) State of New South Wales v Ceissman [2018] NSWSC 508 State of New South Wales v Currie (Preliminary) [2021] NSWSC 175 State of New South Wales v Dillon (Final) [2018] NSWSC 1626 State of New South Wales v Farringdon [2018] NSWSC 874 State of New South Wales v French (Final) [2017] NSWSC 1475 State of New South Wales v Golding (Final) [2018] NSWSC 1437 State of New South Wales v Holloway (No 2) [2017] NSWSC 1517 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Pacey [2015] NSWSC 1983 State of New South Wales v Richardson (Final) [2020] NSWSC 1809 State of New South Wales v Rigby (Final) [2021] NSWSC 472 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Sleeman (Preliminary) [2018] NSWSC 562 State of New South Wales v Strudwick [2018] NSWSC 1798 State of New South Wales v Thurston [2018] NSWSC 421 State of New South Wales v TT (Final) [2018] NSWSC 358 State of New South Wales v TT (Preliminary) [2017] NSWSC 1797 State of New South Wales v Wilson (Preliminary) [2017] NSWSC 1367 State of NSW v Hardy [2021] NSWSC 323 State of NSW v Tiggelen [2018] NSWSC 1399 State of NSW v Weribone [2016] NSWSC 1474 Wilde v State of New South Wales (2015) 249 A Crim R 65; [2015] NSWCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Desmond Currie (Defendant) Representation: Counsel: K Curry (Plaintiff) C Goodhand (Defendant)