State of New South Wales v Pearson (Final) [2021] NSWSC 775

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Pearson (Final) [2021] NSWSC 775 Hearing dates: 11 June 2021 Date of orders: 29 June 2021 Decision date: 29 June 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to s. 5B and s. 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act"), that the defendant be subject to an Extended Supervision Order for a period of three years from the date of the order. 2. Order pursuant to s. 11 of the Act, that the defendant, for the period of the Extended Supervision Order comply with the conditions set out in Annexure A to these short minutes. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDER – Extended Supervision Order – applicant convicted of serious sex offences - defendant examined by psychologists – defendant diagnosed with Antisocial Personality Disorder and Substance Use Disorder (in remission) - where psychologists assessed defendant as being in above average to high risk category for reoffending – where both psychologists of view that ESO needed to manage risk – ESO imposed for three years CRIME – bail – show cause – applicant breached ISO – breach matter adjourned – where strong chance defendant will be in custody for longer than likely sentence for ISO breach if bail not granted – bail granted EVIDENCE - documentary evidence - tender of documents – late tender of a Victim Statement under s 21A of the Crimes (High Risk Offenders) Act – where maker not available for cross-examination – where victim refused consent for offender to see Statement – minimal weight placed on factual assertions contained within Statement Legislation Cited: Bail Act 2013 (NSW) s 16B Crimes Act 1900 (NSW) ss 61J, 61L, 323 Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5, 5B, 5I, 9, 12, 21A Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Mental Health Act 2007 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Azar (Preliminary) [2020] NSWSC 1807 State of New South Wales v Davis (Final) [2021] NSWSC 516 State of New South Wales v Grooms (Final) [2019] NSWSC 353 State of New South Wales v Pearson (Preliminary) [2021] NSWSC 304 State of New South Wales v Strong by his tutor Ainsworth (Final) [2018] NSWSC 1438 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Keith Pearson (Defendant) Representation: Counsel: J Harris (Plaintiff) C Goodhand (Defendant)